Yadu Nandan Choudhary v. The State Of Bihar Through Vigilance Deptt. Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34251 of 2018 Arising Out of PS. Case No.-5 Year-2002 Thana- ASHTHWAN District- Nalanda ====================================================== Yadu Nandan Choudhary S/o Late Sohrai Choudhary, R/o Bodhi Bigha, P.S.- Chanai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Through Vigilance Deptt. Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha For the Opposite Party/s :
Mr. Ramakant Sharma(L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Ashthawan P.S. Case No. 05 of 2002, registered for the offences punishable under Sections 13 and 14 of the P.C. Act. In pursuance to the order dated 26.06.2018, show cause reply has been filed by the Special Judge, Vigilance, Ist Patna. For the reasons mentioned in the letter of the Special Judge dated 05.07.2018, the proceedings are dropped as against the Special Judge, Vigilance, 1st Patna, however, with a direction to him to find out as to how many cases are pending for want of supply of copy of the police papers by the prosecution as well as ensure supply of copy of the police papers by the prosecution in each of such cases within a period of four weeks from today. A detailed report be sent to the Registrar General of this Court for
Patna High Court Cr.Misc. No.34251 of 2018(3) dt.23-07-2018 2/3 ensuring that no case is pending for supply of copy of the police paper as far as the learned Court of Special Judge, Vigilance, 1st Patna is concerned.
The aforesaid exercise should be completed within a period of four weeks and report be submitted on or before 25.08.2018 before the Registrar General of this Court. It is made clear that even if the Special Judge, Vigilance, 1st, Patna is required to take coercive steps against the persons concerned, responsible for not supplying the police papers, he shall take such action.
Now coming to the present case, it is submitted that though the case was instituted in the year 2002 and the petitioner had appeared continuously after being granted bail till 04.12.2013, but till date, no charge was framed, however, on 20.03.2017, when the case was taken up for hearing, the petitioner had defaulted in appearing before the learned court below, hence, his bail bond was cancelled by an order dated 21.03.2017 and thereafter, the petitioner had surrendered before the learned court below on 21.05.2018, however, the prayer for bail has been rejected by the learned trial court. For the reasons mentioned in the present petition, the petitioner is directed to be released on regular bail subject to
Patna High Court Cr.Misc. No.34251 of 2018(3) dt.23-07-2018 3/3 him depositing a sum of Rs. 5,000/- with the Patna High Court Legal Services Committee within a period of four weeks from today and subject to such other conditions as may be imposed by the learned Special Judge (Vigilance) 1st, Patna in connection with Special Case No. 03 of 2002.
The present petition is disposed of with the aforesaid directions.
(Mohit Kumar Shah, J) ajay gupta/- U T