Bijaya Pratap Kumar @ Prof. Bijay Pratap Kumar @ Vijay Pratap Kumar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35824 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Bijaya Pratap Kumar @ Prof. Bijay Pratap Kumar @ Vijay Pratap Kumar Son of Late Shivnath Kumar Resident of Prabhunath Nagar, P.S. - Muffasil Chapra, District - Saran.

.... .... Petitioner/s

Versus

The State of Bihar through Vigilance.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh For the Vigilance : Mr. Amresh Kumar, Adv (A.C. to Law Officer, vigilance) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the vigilance. The petitioner is apprehending his arrest in connection with Vigilance P.S. Case No. 100/2016 for allegedly having committed the offence under Sections 420, 467, 468, 471, 472, 477(A), 409/120(B) of the Indian Penal Code and Sections 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. Learned counsel for the petitioner submits that the petitioner is Registrar of Jay Prakash University, Chapra. It is submitted that he had worked on the said post between the period 08.10.2009 to 05.12.2011 and further with effect from 04.01.2013 to 27.05.2014. He submits that the amounts which were to be disbursed were

released by the State Government only on 23.12.2015, on which date the petitioner had already been relieved of his charge from the post of Registrar. It has been further submitted that the petitioner has since superannuated and there is no question of his either tampering with the evidence or absconding. He further submits that as and when required he shall make himself available for investigation and thereafter in the proceedings of the Court.

Considering the aforementioned facts and circumstances that on the date when the amounts were released by the State Government, the petitioner was not the incharge, let, the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 the learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Vigilance P.S. Case No. 100/2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J.) veena/- U T