Kumar Mithlesh Prasad Singh v. The State Of Bihar Through Vigilance, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34782 of 2017 Arising Out of PS.Case No. -319 Year- 2017 Thana -PATRAKARNAGAR District- PATNA ====================================================== Kumar Mithlesh Prasad Singh, Son of Mathura Prasad Singh, Resident of Qr. No. M/2, Rajbanshi Nagar, P.S. Shastri Nagar, District Patna, at Present Land Reforms Deputy Collector, Patna Sadar, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER -------- 22-09-2017 Heard.

The petitioner apprehends his arrest in connection with Special Case No.37 of 2017, arising out of Patrakar Nagar P.S. Case No.319 of 2017, registered under Sections 406, 409, 419, 420, 467, 468, 471 and 120(B) of the Indian Penal Code besides Sections 7, 8, 9, 13(1)(c)(d) and 13(2) of the Prevention of Corruption Act, 1988. The accusation is that Plot No.63 area 11 decimal, Plot No.64 area 20 decimal and Plot No.72 area 26 decimal of Khata No.22 of village-Hanuman Nagar are in possession of the South Bihar Power Distribution Company Limited and the boundary over the same is also constructed. In spite of that, the Revenue Karmchari and Revenue Officers issued the Possession Certificate in favour of Devendra Kumar and fixed the land revenue in his favour.

Patna High Court Cr.Misc. No.34782 of 2017 (4) dt.22-09-2017 2/2 Learned counsel appearing on behalf of the petitioner submits that it would appear from this application and the relevant documents attached therewith that the petitioner being the D.C.L.R., Sadar, only fixed the rent according to the duty casts upon him on the basis of the recommendation of the Circle Officer upon submitting the report by the Halka Karmchari, imposing certain conditions about verifying the possession and as to whether any judicial order is passed or not. Moreover, after lodging the present case, the Sadar Amin submitted his report on 27.05.2017 that the land is not in possession of the Power Grid, Kankarbagh.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, VigilanceI, Patna, in connection with Special Case No.37 of 2017, arising out of Patrakar Nagar P.S. Case No.319 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T