Dr. Shailendra Kumar v. The State Of Bihar Through Director General, Vigilance, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29719 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Dr. Shailendra Kumar, son of Shri Ram Chandra Singh, Resident of Jamapur Jiradei, District- Siwan the then Principal Desh Ratna, Rajendra Mahavidyalaya, Jiradei, Siwan.
.... .... Petitioner/s
Versus
The State of Bihar through Director General, Vigilance, Patna. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. P.K. Shahi, Sr. Advocate. Mr. Arun Kumar Singh, Advocate.
For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) With Amresh Kuamr, Advocate.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-11-2017 Heard learned counsel for the petitioner, learned counsel for the vigilance and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Special Case No. 42 of 2016 (Vigilance P.S. Case No. 100 of 2016), registered under Sections 420, 467, 468, 471, 472, 477A, 409 and 120B of the Indian Penal Code and Sections 13(2) read with Section 12(1)(d) of the P.C. Act.
The accusation is that Rs.2,48,100/- as grant in aid was received for the Sessions 2007-2010 by "Desh Rtna Rajendra College, Jiradai, Siwan" in which, the petitioner was the Principal and the said amount was distributed between 28 teaching and non-
teaching staffs. But in course of inquiry, it was found that there is no detail available about the number of teaching and non-teaching staffs of the college.
Learned counsel for the petitioner submits that petitioner was the Principal of Desh Rtna Rajendra College, Jiradai, Siwan in Sessions 2007-2010 and it would appear from the F.I.R. that there is no allegation about misappropriating the amount of Rs.2,48,100/-, the only allegation has been made about distributing the aforesaid amount among 28 teaching and nonteaching staffs without description of the strength of teaching and non-teaching staffs of the college. It is further submitted that coaccused, Dr. Sachidanand Singh, who is the Secretary of the Managing Committee, has already been granted privilege of prearrest bail by this Court vide order dated 13.09.2017 passed in Criminal Misc. No. 28616 of 2017.
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 six 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 Jude, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No. 42 of
2016 (Vigilance P.S. Case No. 100 of 2016), subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T