Raj Nandan Singh v. The State Of Bihar Through The Vigilance Investigation Beureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14334 of 2017 Arising Out of PS.Case No. -36 Year- 2006 Thana -VIGILANCE District- PATNA ====================================================== Raj Nandan Singh, Son of Late Gopal Singh, Resident of VillageGhogharaha, P.S. Saiyara, District Sitamarhi, presently posted as Accountant Western Kosi, Canal Division, Sakari, District Madhubani. .... .... Petitioner

Versus

The State of Bihar through the Vigilance Investigation Beureau, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Mukesh Kumar Jha, Advocate For the Opposite Party : Mr. Ramakant Sharma (L.O,I/C Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner, learned counsel for Vigilance.

The petitioner apprehends his arrest in connection with Special Case No. 08 of 2006, arising out of Vigilance P.S. Case No. 36 of 2006 registered for the offences punishable under Sections 420, 409, 465, 467, 471, 477(A), 120(B) of the Indian Penal Code and Section 13(i) (c) (d) and 13(2) of the Prevention of Corruption Act, 1988.

On behalf of the petitioner it is submitted that in the First Information Report which is based on the inquiry report there is no allegation against the petitioner but in the last the petitioner has also been included as accused being an Account Assistant. In the inquiry report, regarding all the works no responsibility has been fixed upon the petitioner rather responsibility has been fixed

Patna High Court Cr.Misc. No.14334 of 2017 (2) dt.10-05-2017 2/2 upon the Executive Engineer and other Engineers and those accused have already been allowed bail by different benches of this Court. The departmental inquiry was also initiated in which the inquiry officer exonerated the petitioner from all the charges. Upendra Kumar Tiwary an Assistant Engineer has also been allowed pre-arrest bail vide Cr. Misc. No. 50249 of 2006 further Ram Lakhan Rajak @ Lakhan Rajak has also been allowed prearrest bail vide Cr. Misc. No. 25607 of 2007 and, as such, the petitioner also deserves sympathetic consideration. Learned counsel for the Vigilance is unable to distinguish the case of the petitioner from those co-accused who have already been granted bail by this Court.

In the facts and circumstances as stated above, the petitioner in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-II, Patna, in connection with Special Case No. 08 of 2006, arising out of Vigilance Case No. 36 of 2006 subject to the conditions as laid down in section 438(2) of the Cr.P.C.

(Jitendra Mohan Sharma, J.) Rajiv/- U T