Anandi Prasad Singh v. The State Of Bihar Through The Vigilance Department, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49393 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -VIGILANCE District- PATNA ====================================================== Anandi Prasad Singh S/o Late Banbari Prasad Singh (Retired Assistant), R/o Village + P.O.- Khaira, P.S.- Kharagpur, District- Munger. .... .... Petitioner

Versus

The State of Bihar Through The Vigilance Department, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Suman Kumar Mishra, Advocate For the Vigilance : Mr. Rama Kant Sharma, Sr. Advocate Mr. Rabindra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner apprehends his arrest in connection with Special Case No. 15 of 2017 (Vigilance P.S. Case No. 20 of 2017), registered for the offences punishable under Sections 109, 409, 420, 467, 468, 471/120(B) of the Indian Penal Code and Section 13 read with Section 13(ii) of the C & D of the Prevention of Corruption Act..

Allegedly, on the basis of forged letter No. 2725 dated 21.03.2017, the employees of District Rural Development Agency, Begusarai and thereafter the employee of District Munger Development Agency, Munger were granted ACP and they withdrew government money.

Submission is of false implication and that the petitioner is not the beneficiary, the employees who have got the

Patna High Court Cr.Misc. No.49393 of 2017 (2) dt.18-10-2017 2/2 money have returned the excess amount and, as such, no loss has been caused to the Sate ex-chequer. In this case, six accused persons namely, Ramchandra Chaudhary, and anothers have been allowed pre-arrest bail vide Cr. Misc. No. 40833 of 2017 by order dated 07.09.2017 by another co-ordinate bench of this Court and, as such, the petitioner deserves sympathetic consideration. The learned counsel for the Vigilance appeared and opposes the prayer of bail.

In the facts and circumstances as stated above, considering that the petitioner is not the beneficiary and the amount has already been returned and, as such, the petitioner in the event of his arrest or surrender within six 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-1st Patna, in connection with Special Case No. 15 of 2017 (Vigilance P.S. Case No. 20 of 2017), subject to the conditions as laid down in section 438(2) of the Cr.P.C. (Jitendra Mohan Sharma, J.) Rajiv/- U T