Gopal Prasad Arya @ Prof. Gopal Arya v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44701 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Gopal Prasad Arya @ Prof. Gopal Arya Son of Late Kanhaiya Lal Arya, R/o Mohalla- East Chitragupta Nagar, P.S.- Patrakar Nagar, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Rama Kant Sharma(L.O, I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 109, 467, 468, 471, 472, 477(A), 409/120B of the Indian Penal Code as well as under Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

The petitioner was Controller of Examination of J.P. University, Chapra. According to FIR, allegation is of misappropriation of fund released by the State Government for affiliated colleges under 'Vitta Sahit Rahit Siksha Niti', the scheme of the government. Allegation is against the Principal and Secretary of the college for delayed payment to the teachers and non-teaching staff. It appears that in similar circumstances, co

Patna High Court Cr.Misc. No.44701 of 2017 (2) dt.19-09-2017 2 /2 accused Sachidanand Singh has already been allowed anticipatory bail by a coordinate Bench of this Court in Cr. Misc. No.19219 of 2017.

Considering the aforesaid facts, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur/successor Court in connection with Special Case No.48 of 2016, arising out of Vigilance P.S. Case No.106 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J.) S.Kumar/- U T