IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23734 of 2009 VIKAS KUMAR SON OF LATE UMAD KANT SINGH RESIDENT OF VILLAGE AND P.S.SORE, NALANDA AT PRESENT CLERK IN G.P.F.OFFICE, NALANDA Versus STATE OF BIHAR THRU.VIGILANCE ----------- 2/ 17.8.2009 Heard learned counsel for the petitioner and learned counsel appearing for the Vigilance. The petitioner seeks bail in Vigilance Case No. 40 of 2009 (Special Case No. 30 of 2009) registered for offences under Sections 7/13(2) read with 13(1)(d) of the Prevention of Corruption Act. One Malti Devi, a retired L.H.V. at Primary Health Centre, Ekangarsarai when met the petitioner for issuance of letter of withdrawal of provident fund, he demanded Rs.2500/- as bribe. She refused to pay the bribe and made a complaint with the Vigilance. Thereafter, the Vigilance deputed a verifier for verification who submitted the report finding the allegation to be true. Accordingly, a trapping team was organized, prepared pre-trap memorandum and noted the numbers of currency notes which were to be tendered on demand and thereafter the petitioner was arrested with the bribe money of Rs.2500/-. His hands were washed and the colour of water changed into pink. A search-cum- seizure list was prepared and a copy of which was given to the petitioner. Submission is that the petitioner is in jail custody since 21.4.2009, he is a public servant and there is no possibility of his absconding. It has also been submitted that the file was not pending with the petitioner, so there was no occasion for him to make any demand. The prayer for bail of the petitioner was opposed by learned counsel appearing for the Vigilance. The fact remains that the petitioner was arrested while he was accepting the bribe money and the said currency notes were found to be the same which were mentioned in pre-trap memorandum. Considering all these, presently, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail after completion of one year in custody. Tahir/- ( Shyam Kishore Sharma, J.)