Gajendra Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36673 of 2018 Arising Out of PS.Case No. -28 Year- 2016 Thana -GOGRI District- KHAGARIA ====================================================== Gajendra Sharma, S/o Late Lok Nath Sharma, R/o Vill.- Beldaur, P.S.- Beldaur, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Addl. D.G.P. , Vigilance Dept., Govt. of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Amrendra Kumar, Advocate For the Vigilance : Mr. Ramakant Sharma(L.O.,Inc.,Vigilance) Mr. Santosh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the learned counsel appearing for the Vigilance.

The petitioner is in custody since 26.04.2018 in connection with Spl. Case No.268/17/Spl. Case No.07/16, arising out of Gogri P.S. Case No.28 of 2016 registered for the offence under Sections 420, 201, 120B of the Indian Penal Code and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act.

Learned counsel for the petitioner submits that the present F.I.R. has been lodged in connection with the present case on the basis of the direction of this Court as the concerned functionary of the Block level has been directed to file

Patna High Court Cr.Misc. No.36673 of 2018 (2) dt.16-07-2018 2/2 particulars of the appointed teachers but since the petitioner could not file the 27th folder which was called upon to file and had submitted one complete folder and 26 incomplete folders, the petitioner is facing prosecution and has been taken into custody. Learned counsel for the petitioner submits that except the said allegation, there is no other allegation. Under such circumstances, the petitioner is languishing in jail. It is further submitted that at the time of occurrence, when the appointments were made during the period 2007 to 2015, the petitioner was not posted as Panchayat Secretary.

Having heard learned counsel for the petitioner and the learned counsel for the Vigilance and that the petitioner has no criminal antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond 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 Spl. Case No.268/17/Spl. Case No.07/16, arising out of Gogri P.S. Case No.28 of 2016. (Anjana Mishra, J) PNM U T