Yogendra Kumar v. The State Of Bihar Through Vigilance Investigation Bureau, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5360 of 2017 Arising Out of PS.Case No. -61 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Yogendra Kumar, son of late Bindeshwari Singh, Resident of Sheikhpura Bagicha, P.S.- Shastri nagar, Patna-14, Proprietor M/s Satyam Distributors, Saraf Bhawan, Govind Mitra Road, Patna-4.
.... .... Petitioner/s
Versus
The State of Bihar through Vigilance Investigation Bureau, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar, Advocate. For the Opposite Party/s : Mr. Ramakant Sharma, Sr. Advocate (Vig.) Mr. R. Kumar, AC to Vigilance.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No. 66A of 2013 arising out of Vigilance P. S. Case No. 61 of 2013 registered under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act and under Sections 120B, 420, 406 and 409 of the Indian Penal Code.
The allegation, in brief, is that the petitioner, being a supplier of medicines, supplied medicines at exorbitant rate, which is 20% higher as available in the market in connivance with the Head of the Departments of Patna Medical College and Hospital (PMCH), Medical Superintendent and other doctors.
Learned counsel for the petitioner submits that petitioner's bid was the lowest and supplied medicines in less price
Patna High Court Cr.Misc. No.5360 of 2017 (2) dt.06-02-2017 2/2 than the M.R.P. and other suppliers, also accused in this case, namely, Arun Kumar Choudhary in Cr. Misc. No. 26880 of 2015 vide order dated 15.12.2015, Om Prakash Pandey in Cr. Misc. No. 41156 of 2014 and Smt. Vidya Devi in Cr. Misc. No. 39248 of 2014 vide order dated 21.09.2015, have been admitted to anticipatory bail by a co-ordinate Bench of this Court including the doctors and the Medical Superintendent of the P.M.C.H.
Having considered these facts and circumstances as well as the petitioner's case stands on similar footing to others who have been granted anticipatory bail by this Court, so let the petitioner, namely, Yogendra Kumar, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon 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 Special Case No. 66A of 2013 corresponding to Vigilance P.S.Case No. 61 of 2013, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Arun Kumar, J) Sujit/- U