Ram Naresh Thakur v. The Vigilance Investigation Bureau Through Director General Of Police Vigilance Investigation Bureau

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9353 of 2018 Arising Out of PS.Case No. -122 Year- 2014 Thana -KARPI District- JEHANABAD ======================================================

1. Ram Naresh Thakur Son of Chandradeep Thakur Resident of VillageBalabigha, P.S. Karpi(Shahartelpa), District- Arwal. .... .... Petitioner/s

Versus

1. The Vigilance Investigation Bureau Through Director General of Police Vigilance Investigation Bureau Circular Road, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 08.12.2017 in connection with Karpi (Shahartelpa) P.S. Case No. 122/2014 registered for the offences punishable under Sections 420/406/ 409/34 of the Indian Penal Code.

Diary in the present case was called for which has since been received.

Learned counsel appearing on behalf of the petitioner submits that that the alleged withdrawal are not under the signature of the petitioner and the vouchers purported to have been signed are not his signatures but fraudulent signatures as he had already been removed from the post of Panchayat Member. It is

Patna High Court Cr.Misc. No.9353 of 2018 (3) dt.08-03-2018 2/3 further submitted that the petitioner has no role to play in the alleged defalcation and he may be granted bail. Learned counsel appearing on behalf of the Vigilance submits that the chargesheet has already been submitted and the trial is likely to commence.

Having considered the entire facts and circumstances and also the fact that the petitioner are not involved in signing of any of the payment orders, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge Vigilance 1st, Patna, in connection with Karpi (Shahartelpa) P.S. Case No. 122/2014, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by

Patna High Court Cr.Misc. No.9353 of 2018 (3) dt.08-03-2018 3/3 the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T