Sunil Kumar Prasad @ Sunil Prasad v. The State Of Bihar Through The Cabinet Vigilance Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59952 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================

1. Sunil Kumar Prasad @ Sunil Prasad S/o Sri Shyam Narayan Prasad, R/o Village- Pilich, P.S.- Parwalpur, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Cabinet Vigilance Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-01-2018 Heard the learned counsel for the petitioner, the learned A.P.P. for the State and the learned counsel for the Vigilance. This is an application for grant of anticipatory bail in connection with Special Case No. 01 of 2017 arising out of Vigilance P.S. Case No. 03 of 2017 registered for the offence punishable under Sections 420, 409, 467, 468, 120(B) of the Indian Penal Code and Sections 13(1)(2) and 13(1)(d) of Building Constructions Act, 1988.

The case of the prosecution is that certain irregularities have been found during the construction of the school building which has not been done as per the specification and upon technical examination, it was found that the depth of the piling of pillars are less and the estimated number of pillars on the upper floor of the constructed building is less than the lower floor.

Patna High Court Cr.Misc. No.59952 of 2017 (5) dt.11-01-2018 2/2 The learned counsel for the petitioner submits that the petitioner is Technical Supervisor and the main persons, responsible in the case that the Junior Engineer, Principal of the school and Secretary of the school, have already been granted anticipatory bail.

The learned counsel for the Vigilance submits that there is enough material on record to make out a case against the petitioner and his complicity in the matter cannot be ruled out. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the even of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) 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. 1 of 2017 arising out of Vigilance P.S. Case No. 03 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) ajay gupta/- U T