Binod Prasad v. The State Of Bihar Through The Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27505 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Reeta Sinha @ Reeta Singha wife of Late Suresh Chandra Sinha, Resident of Mohalla- Santosh Maa Path, Gaurakshani, P.S. Model Thana Sasaram, District Rohtas at Sasaram, the then Member of the Empowered Standing Committee of Sasaram Nagar Parishad, District- Rohts at Sasaram. .... .... Petitioner/s
Versus
The State of Bihar through the Vigilance, Patna .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.27506 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Binod Prasad Son of Shri Prem Chandra Singh, Resident of MohallaShobhaganj, P.S. Model Thana Sasaram, District- Rohtas at Sasaram, the then Member of the Empowered Standing Committee of Sasaram Nagar Parishad, District- Rohtas at Sasaram.
.... .... Petitioner/s
Versus
The State of Bihar through the Vigilance .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.27505 of 2017) For the Petitioner/s : Mr. Shashi Bhushan Kumar -Manglam, Advocate For the Opposite Party/ :Mr. Rama Kant Sharma(L.O,I/C Vigi) (In Cr.Misc. No.27506 of 2017) For the Petitioner/s : Mr. Shashi Bhushan Kumar -Manglam For the Opposite Party/s: Mr. Rama Kant Sharma(L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 19-06-2017 Heard learned counsel for the petitioners and the learned counsel for the Vigilance.
Petitioners are languishing in judicial custody since 25.04.2017 in connection with Special Case No. 53 of 2016 arising out of Vigilance P.S. Case No. 93 of 2016 registered for
Patna High Court Cr.Misc. No.27505 of 2017 (3) dt.19-06-2017 2/3 the offences punishable under Sections 420, 406, 409 467, 468, 471 and 120(B) of the Indian Penal Code read with Section 13(2) and 13(1)(c) and (d) of the Prevention of Corruption Act, 1988. The prosecution case is that petitioners being members of the Empowered Standing Committee of Sasaram Nagar Parishad had made certain purchases of different items, including Laptop, High Mast Light, Decorative Pole Street Light, LED Light and construction of Urinals/ Readymade Toilets. It is alleged that there is irregularity of huge money in purchase of the aforesaid materials at Sasaram Nagar Parishad.
It is submitted by the counsel for the petitioners that they have no criminal antecedent and that investigation is going on and they will cooperate with the investigation and provide all necessary papers to the Vigilance Investigation Bureau as and when required. It has further been submitted that petitioners are Members and that the then Chief Councilor of Sasaram Nagar Parishad, Nazia Begum @ Najiya Begam has since been granted the privilege of bail by a Coordinate Bench of this Court in Cr. Misc. No. 27108 of 2017 on 08.06.2017.
However, learned counsel for the Vigilance opposes the prayer for bail.
Considering the fact and circumstances, let the
Patna High Court Cr.Misc. No.27505 of 2017 (3) dt.19-06-2017 3/3 petitioners, named above, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance 1st , Patna in connection with Special Case No. 53 of 2016 arising out of Vigilance P.S. Case No. 93 of 2016, subject to the condition that the petitioners will cooperate with the investigation and provide all papers as and when required by the Vigilance Investigation Bureau.
(Nilu Agrawal, J.) Arjun/- U T