IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.24074 of 2010 UDAY PRATAP SINGH, Son of Late Kalyan Kumar Singh Versus THE STATE OF BIHAR THRU. VIG. ----------- 2/ 06.08.2010 Heard learned counsel for the petitioner and the State. Petitioner is an accused in Vigilance P.S. case no. 38 of 2010, corresponding to Spl. Case No.26 of 2010 registered under Section 7/13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. One Ram Dayal Rai filed written complaint before Officer- in-charge, Vigilance P.S., Patna dated 06.05.2010 stating therein that the petitioner, who is Officer-in-charge of Ram Krishna Nagar Police Station is demanding gratification of Rs. 5,00,000/- (Five lakhs) for allowing him to pile pillars on his land bearing plot nos. 28 and 36 of Mauza Naya Chak measuring 25 Kathas. The allegation of Ram Dayal Rai was verified by an official of the Vigilance department and found it to be true. Thereafter Pre Trap Memorandum was prepared and as per the Pre Trap Memorandum tainted notes of 50,000/- rupees was handed over to the informant for delivering it to the delinquent. As per plan the trap team assembled in the premises of Police Station. The informant went inside the office Chamber of the officer. At about 8.00 P.M., on getting signal the Vigilance team swooped in the chamber and from the pocket of the petitioner a sum of Rs. 17,00/- was recovered and from his drawer a sum of Rs. 50,000/- was recovered. Rs. 50,000/- recovered from the drawer tallied with the description of notes prepared on eve of Pre Trap Memorandum. - 2 - Counsel for the petitioner submits that the informant Ram Dayal Rai was aggrieved with the petitioner, as he did not allow to put the pillar on his land, as he was not the real owner of the land. In fact, others were claiming better title on the land concerned. He further submits that the petitioner had even recommended proceeding under Section 107 and 144 of Cr.P.C., a copy of such reports of the petitioner has been annexed to this application. Learned counsel further submits that it is very conspicuous that whereas signature of the informant was available on the Pre Trap Memorandum, the same was absent on Post Trap Memorandum. He submits that in fact the petitioner was arrested from his office stairs, while he was returning from toilet and the money was planted in the meanwhile. In this regard he refers to Sanha entry of the Thana. Learned counsel further submits that petitioner has a distinguished career. He is recipient of various awards and certificates from Director General of Police, Bihar. And other officials. In this respect, learned counsel has referred to Annexure- 3 Series. Counsel for the informant submits that the absence of signature of the informant Ram Dayal Rai on Post Trap Memorandum could be an irregularity but that in itself would not destroy the prosecution case as he has signed on the First Information Report. He further submits that the allegation of payment of money by the petitioner was verified and found to be true. He further submits that there was recovery of the bribe amount from the drawer of the petitioner. Thus, the petitioner would not be entitled for bail. - 3 - Heard counsel for the parties. It is true that petitioner is recipient of various awards and certificates from various officers including Director General of Police, Bihar. It also appears that petitioner has recommended for a proceeding under Section 144 and 107 of Cr.P.C. in respect of land, claimed by the complainant. The petitioner is in custody since 07.05.2010. The Vigilance has claimed to have seized tainted money from drawer of petitioner pursuant to the trap. At this stage, it is difficult for me to hold that the Vigilance Department was hand in glove with the informant. In this view of the matter, I am not inclined to grant bail to the petitioner. His prayer for bail is rejected. However, taking into consideration the period of incarceration and also his previous record, the petitioner may renew his prayer for bail after one and half months. Uday/ (Samarendra Pratap Singh, J.)