SURENDRA PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Both these applications have been filed by the petitioner who is an accused in connection with Vigilance P.S. Case No. 53/2007 registered under Sections 7,13, 27 read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. In the Criminal Miscellaneous application the petitioner has applied for bail in the said case. In Criminal writ application the petitioner seeks a declaration that the remand of the petitioner in the said case after the submission of the charge-sheet on 18.6.2007 without taking cognizance is violative of the provisions of Section 309(2) of the Code of Criminal Procedure and for the said reasons he is entitled for release on bail.

(2.) Since the issues involved therein are common, hence both the matters have been taken up and heard together and are being disposed of by this common order.

(3.) Heard learned counsel for the parties.