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2023 Supreme(Pat) 705

MADHURESH PRASAD
Hari Shankar Prasad Kushvaha – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioner: M/s Ranjan Kumar Srivastava, Rajniagndha, Shaswat Srivastava, Sunny Raman, Abhijeet Kumar Srivastava.
For the Respondents: Mr. Sheo Shankar Prasad (SC-8).

Madhuresh Prasad, J. – Heard learned counsel for the petitioner and learned State counsel.

2. For passing of an order while working as a Land Reforms Deputy Collector (LRDC) at the Collectorate, Samastipur, the petitioner has been proceeded against.

3. The brief background is that the petitioner joined at the said place of posting on 17-08-2015. He took up a dispute bearing Case No. 17 of 2015 wherein one, Amarnath Chaudhary was the complainant. The last date in the said proceedings, on which the matter was heard by the petitioner, is 17-12-2015. He has recorded an order that the parties were heard and the record was reserved for passing of orders. The complainant of the case approached the vigilance authorities with a complaint that the orders were not being passed by the petitioner for which he was demanding some illegal gratification.

4. The petitioner in the aforesaid circumstances was arrested in a trap case leading to lodging of vigilance P.S Case No. 14 of 2016 by the vigilance investigation department. He was arrested while allegedly accepting a bribe of Rs. 10,000/- from the complainant. He was taken into custody and after his release he has rejoined the department.

5. The Dis

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