JUDGEMENT
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(1.) The prosecution story reveals that the petitioner was apprehended red handed by the trap team of State Vigilance while he was accepting bribe amount of Rs. 2,000/- from the informant Manish Kumar Sahu. It was alleged that the petitioner was karamchari of Ramgarh Anchal who demanded of Rs. 1,500-2,000/- from the informant to get his mutation work done and also for the rent receipt of the land after its mutation.
(2.) Mr. P.P.N. Roy, the learned senior counsel submitted that admittedly, according to the report of the Circle Officer, Ramgarh dated 12.2.2008 addressed to Dy.S.P. (Vig.) Ranchi, on demand, stated that the informant Manish Kumar Sahu had filed a petition in the Circle Office on 19.7.2007 for mutation of his land and the petition was made over to Sri Manju Rabidas the then karamchari of the Circle for enquiry and to report. It was further reported that said Manju Rabidas had made over the charge of Halka No. II to the petitioner on 10.2.2007. But is was clearly stated that the enquiry report could not be submitted by Manju Rabidas till the instant report dated 12.2.2008. It was further appraised that though the petitioner had received the charge of Halka No. II but neither the application of the informant nor the enquiry report was given to the petitioner during making over the charge and therefore, it was clear that the matters related to the mutation of the land of the informant's father was not pending at the level of the petitioner on the date of alleged trap. Finally it was submitted that no receipt book was issued to the petitioner for issuance of rent receipts to the tenants in respect of Halka No. II. These facts have got bearing in the letter No. 289 dated 12.2.2008 in compliance to the letter of the Dy. S.P. (Vigilance), Ranchi vide No. 416 dated 29.1.2008.
(3.) Mr. A.K. Kashyap, the learned APP for the State Vigilance vehemently opposed the bail of the petitioner on the ground that he was apprehended by trap team while he was accepting bribe from the informant, Manish Kumar Sahu in respect of the mutation of his father's land.;
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