Awadh Bihari Chaudhary v. The State Of Bihar Through Vigilance Investigation Bureau Patna

Patna High Court Cr.Misc. No.25927 of 2017 (3) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25927 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Awadh Bihari Chaudhary Son of Late Motilal Chaudhary, Resident of Village- Lakhrawn, P.S.- Muffasil Siwan, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar Through Vigilance Investigation Bureau Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Pandey, Advocate. For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 107 of 2016 and Special Case No. 49 of 2016 registered under Sections 420, 467, 468, 471, 472, 477'A', 409 and 120B of the Indian Penal Code and Sections 23(1) read with Section 13(1) of the Prevention of Corruption Act. The accusation is that petitioner being the Secretary of Daroga Prasad Rai Degree College, Siwan, affiliated with J.P. University, Chhapra, distributed the grant allotted to the college to the teaching and non-teaching staffs. On verification, it was detected that 19 non-teaching and 4 teaching staffs, who were not appointed in accordance with law, were also given grant in aid.

Patna High Court Cr.Misc. No.25927 of 2017 (3) dt.27-07-2017 Learned counsel for the petitioner submits that on 27.09.2008, J.P. University was pleased to sanction 85 posts and 83 non-teaching staff vide letter no. 596/R, dated 27.09.2008, later on, Letter No. V.K.S.U/utti/34/11-389, dated 02.02.2012 issued by the Joint Secretary, Education Department was also received about disbursing the grant to the teaching and non-teaching staff appointed after 28.03.2008 for Session 2009.

Considering the aforesaid submissions, 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 Judge, Vigilance North Bihar, Muzaffarpur, in connection with Vigilance P.S. Case No. 107 of 2016 and Special Case No. 49 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