IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19742 of 2011 Ashok Paswan, son of Late Shital Paswan, resident of Village Kashipur, P.S. Samastipur, Distt.Samastipur... ....Petitioner Versus The State Of Bihar Through Vigilance... ..Opp.Party ----------- For the Petitioner : Mr. Chittaranjan Sinha, Sr. Advocate, Mr. A. Kundun & Mr. K.N. Jha, Advocates For the Vigilance : Mr. Rama Kant Sharma, Sr. Advocate ................. 2 06.07.2011 Heard learned counsel for the petitioner and the Vigilance Special Unit. The petitioner seeks bail in a case registered under Sections 7 and 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act. Allegation against the petitioner is that he has been caught while seeking illegal gratification of an amount of Rs.76,000/-. Petitioner's prayer for bail has earlier been rejected twice, firstly vide order date 07.04.2010 passed in Cr. Misc. No.5739 of 2010 (a copy of which has been appended as Annexure-1), however, the petitioner was granted liberty to renew his prayer for bail if the trial is not concluded within the period of six months from the date of framing of charges. The petitioner again moved this Court 2 with a prayer for bail by filing Cr. Misc. No.38994 of 2010 which was again dismissed vide order dated 02.02.2011 (a copy of which has been appended as Annexure-2). However, he was granted liberty to renew the prayer of bail if the trial is not concluded within four months. It is submitted on behalf of the petitioner that charges were framed on 16.04.2010, still trial has not been concluded as yet. In view of the aforesaid liberty granted to the petitioner, he has moved to this Court. It is submitted on behalf of the petitioner that he has remained in custody for about 20 months. Learned counsel appearing for the Vigilance Special Unit submits that the case has been transferred to the Special Court under the Bihar Special Courts Act, 2009 on 9.2.2011 and, therefore, there has been delay in conclusion of the trial. Be that as it may, it is admitted that the trial could not been concluded within the period of four months and the petitioner was granted liberty to renew the prayer of bail in that case. The petitioner has also remained in custody for about 20 months. Charges have already been 3 framed. Having regard to the facts and the circumstances of the case, the petitioner, Ashok Paswan, is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the Satisfaction of Spl. Judge Vigilance (Trap Cases) Patna, in connection with Spl. Case No.36 of 2009 arising out of Vigilance P.S. Case No.112 of 2009, with a further condition that the petitioner shall remain present on each and every date during the course of the trial. If the petitioner fails to remain present on three consecutive occasions without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of his bail bonds. Sanjay-II (Dr. Ravi Ranjan, J.)