Mithilesh Kumar v. The State Of Bihar Through The Special Vigilance Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60545 of 2021 Arising Out of PS. Case No.-1 Year-2016 Thana- VIGILANCE District- Patna ====================================================== EKTA PRIYADARSHINEE @ EKTA PRIYADARSHNEE W/O RAVI MAGRORIYA Resident of Flat No. 5D, Atalanta Cosmos Springs, Near Gloria Hall, Ghor Bandar Road, Thane West, P.S.- Kasarwadawali, DistrictThane, Maharashtra ... ... Petitioner/s

Versus

The State of Bihar through the Special Vigilance Unit, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :Mr.Kumar Kaushik, Advocate Ms/Mrs. N.Dubey, Advocate Mr. P Bhardwaj, Advocate For the SVU :Mr.Rana Vikram Singh, Spl. Public Prosecutor SVU ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2022 Heard learned counsel for the petitioner and the Special Vigilance Unit.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 13(2) and 13(1)(e) of the Prevention of Corruption Act, 1988. As per the prosecution case, during investigation it was unearthed that co-accused Kameshwar Prasad Singh, the then assistant Engineer in the Bihar Urban Infrastructure Development Corporation Ltd., Patna transferred Rs.50,000/- to the account of his daughter (the petitioner), whereas his wife transferred Rs.24.33 lacs to the account of the petitioner. Besides this, from the locker of the petitioner, cash Rs.78,86,000/- and gold bricks/ jewelry worth Rs.61,80,000/- were recovered. Thus, it is alleged that the petitioner in connivance with other accused persons amassed huge property which are said to be the disproportionate to their known sources

Patna High Court CR. MISC. No.60545 of 2021(4) dt.18-10-2022 2/3 of income.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that during the course of investigation, the petitioner has fully co-operated and the Vigilance never required custodial interrogation of the petitioner. Charge-sheet has been submitted. Moreover, main co-accused Mr. Kameshwar Prasad Singh has has already been allowed bail by a co-ordinate bench of this Court vide order passed in Cr.Misc.No. 27387 of 2022. Petitioner has got no criminal antecedent.

On the other hand, learned counsel for the Vigilance opposes the prayer for bail. Referring to several paragraphs of the counter affidavit he submits that during investigation it has been found that co-accused Kameshwar Prasad Singh sent his disproportionate money to the account of his daughter and wife (Manju Singh). Co-accused Manju Singh also transferred cash to her account. He submits that the petitioner and her husband in connivance with other accused persons amassed huge property which are said to be the disproportionate to their known sources of income.

Considering the aforesaid facts of the case as also the fact that during the course of investigation, petitioner has cooperated and the Vigilance never required custodial interrogation of the petitioner and charge-sheet has been submitted and main co-accused Kameshwar Prasad Singh has has already been allowed bail by a co-ordinate bench of this Court, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.60545 of 2021(4) dt.18-10-2022 3/3 each to the satisfaction of the learned Special Judge, Vigilance, Patna in Special Case No. 40 of 2016, arising out of S.V.U. P.S. Case No. 01 of 2016, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. However, if Court below comes to a conclusion that the petitioner after her release on anticipatory bail is trying to delay the trial in any manner, the learned Court below shall forthwith cancel bail bonds after recording reasons. (Prabhat Kumar Singh, J) shashi/- U T