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2017 Supreme(Pat) 56

BIRENDRA KUMAR
Anil Kumar Singh, Son Of Shri Rajendra Singh – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anish Kumar
For the Opposite Parties : Mr. Rajendra Singh Shastri

JUDGMENT :

Heard the learned counsel for the petitioner and the State.

2. Petitioner, Anil Kumar Singh, who is an Advocate, filed a Complaint Case No. 33 of 2012 for offences under Sections 7, 8, 9 and 13 of the Prevention of Corruption Act, 1988, before the learned Special Judge, Vigilance, North Bihar, Muzaffarpur, against Kanhaiya Prasad Singh, Certificate Officer, Muzaffarpur, alleging therein that Kanhaiya Prasad Singh demanded bribe of Rs.5,000/- to recall the warrant issued in Certificate Case No. 358 of 2008-2009. The bribe was demanded through Clerk, Ashok.

3. The learned Special Judge called for a preliminary enquiry report on the complaint petition from the District Magistrate, Muzaffarpur. The District Magistrate, Muzaffarpur, authorized the enquiry to Madan Prasad, Director, NEP, Muzaffarpur. The Director submitted his report, dated 12.04.2013, vide Annexure 2, stating that the allegation of demand of bribe was not found true. Thereafter, the petitioner raised grievance before the learned Special Judge, Vigilance, North Bihar, Muzaffarpur, through protest petition, dated 29.05.2013, that since the employees involved in bribery are officer and staff of the District Magistr










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