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Patna High CourtCR. MISC./20558/2017bail granted

Dr. Tapaswi Prasad Singh v. The State Of Bihar Through Director General, Vigilance, Patna

2017-08-30Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20558 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Dr. Tapaswi Prasad Singh, son of Late Ganga Prasad Singh, resident of Village- Krishnadaspur, P.S.- Kahalgaon, Bodhchak, District- Bhagalpur, at present R/o Mohalla- Dahiyawa Tola, Sona Sadan, Bypass Road, P.S.- Mufassil, District- Chapra, the then Registrar, Retired from Department of Physics, J.P. University, Chapra.

.... .... Petitioner

Versus

1. The State of Bihar Through Director General, Vigilance, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate For the D.G. Vigilance : Mr. Rabindra Kumar, Advocate, ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of D.G. Vigilance, Patna. The petitioner apprehends his arrest in connection with Vigilance P.S. Case no. 103 of 2016 (Special Case No. 45 of 2016), registered under Sections 420, 467, 468, 471, 472, 477(A), 409 and 120-B of the Indian Penal Code and Section 13(2), 13(1)(d) of the P.C. Act.

The accusation is of distribution of the grant in aid to teaching and non-teaching staffs, who were not legally appointed in Session 2005-08, 2006-09 and 2007-10 at Dr. P.N. Singh Degree College, Chapra.

Learned counsel for the petitioner submits that it would appear from the F.I.R. itself that basically Principal, Secretary and

Patna High Court Cr.Misc. No.20558 of 2017 (6) dt.30-08-2017 2/2 Member of the Managing Committee were said to be liable in disbursement of grant in aid and they committed illegality in distributing the grant in aid to teaching and non-teaching staff, who were not appointed legally. Further submission is that Bijay Pratap Kumar @ Prof. Bijay Pratap Kumar @ Vijay Pratap Kumar, who was also Registrar in that period has already been allowed pre-arrest bail on 21.08.2017 vide Criminal Miscellaneous No. 38392 of 2017 by a co-ordinate Bench of this Court.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 103 of 2016 (Special Case No. 45 of 2016), subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T