The sole appellant, Prabeen Kumar who has been found guilty for an offence under Section 13(1)(d) of the P.C. Act punishable under Sections 13(2) of the Prevention of Corruption Act whereunder sentenced to undergo RI for 5 years as well as fined of Rs. 20,000/- in default thereof, to undergo SI for 4 months additionally under Section 7 of the P.C. Act directing to undergo RI for 3 years as well as to pay fine of Rs. 10,000/- and in default thereof, to undergo SI for 2 months, additionally with a further direction to run the sentences concurrently by the Special Judge, CBI-3rd, Patna, vide judgment of conviction and order of sentence dated 31.03.2015 passed in connection with Special Case No. 03/2008 arising out of RC No. 01(A)/2008/CBI/ACB-VIII/New Delhi.

2. It is the case of the prosecution, that the appellant Prabeen Kumar being an Inspector of CBI posted at CBI Office, Patna was entrusted to enquire into the allegation having been attributed to H.N. Singh, a Branch Manager of UCO Bank, Gidhaur Branch, Bihar by S.P. CBI, Patna Branch. After receipt of the complaint, Prabeen Kumar instead of inquiring into the matter, contacted H.N. Singh over phone in December 2007 and introduced himself with a further discloser that he has been entrusted with an enquiry against him which relates with advancing loan in illegal manner and so, directed him to meet for proper settlement. Aforesaid H.N. Singh shown his inability in getting his personal appearance on account of heavy work load for the present, but assured that anyhow he will be available on 09.01.2008. There happens to be further discloser that on 07.01.2008, Prabeen Kumar reminded him. After being apprehensive with regard to abnormal conduct of a CBI official, he became suspicious as might be impersonated by somebody else and so, he took cassette recorder, audio cassette to record voice of perpetrator and with all those equipments, he visited on 09.01.2008 and stayed at Marwari Awas located at Frazer Road, Patna and informed Prabeen Kumar regarding his stay. At about 4:00 P.M. Prabeen Kumar came at Marwari Awas, met with H.N. Singh at his room, had indulged in conversation which H. N. Singh got recorded through audio cassette record. It has also been divulged that during course of conversation, Prabeen Kumar demanded Rs. 3 Lacs to have report in his favour which was ultimately settled at Rs. 2 Lacs which was to be paid by 28.01.2008. However, on account of showing inability at the end of H.N. Singh, one day was given by way of extension with an explicit direction to pay the same by 29.01.2008, positively. Because of the fact that H.N. Singh was not at all inclined to pay Rs. 2 Lacs as bribe and further, conceiving that Prabeen Kumar happens to be deployed at Patna Branch of CBI, on account thereof, instead of approaching the officials of Patna Branch, he directly approached main branch of CBI office, (S.P./ACU-VIII), New Delhi on 25.01.2008 on telephone and disclosed the whole event as well as demand of bribe at the end of Prabeen Kumar, Inspector, CBI., Patna Branch. S.P./ACU-VIII, New Delhi had instructed him to approach after their arrival at Patna. During midst thereof, as has been disclosed, the Superintendent of Police, CBI, New Delhi constituted a team which reached at Patna and stayed at different locations. On 29.01.2008, as per scheduled, H.N. Singh came at Patna, stayed at Marwari Awas (Room No. 75) and contacted Prabeen Kumar over phone divulging the fact that anyhow, he succeeded in arranging Rs. 50,000/- only and further assured that the remaining amount will be arranged and paid within 15 days. Then thereafter, he informed the Superintendent of Police, CBI and as per instruction, he reached at Hotel Mayur, Frazer Road, Patna in Room No. 251 where they were staying and as per instruction, furnished written complaint against Prabeen Kumar to that effect which was entertained by the Superintendent of Police, CBI and further marked to VPS Mann, an Inspector