Patna High CourtCR. MISC./42110/2017allowed

Rameshwer Pandey v. The State Of Bihar Through Director General, Vigilance, Govt. Of Bihar, Patna

2017-10-13Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.42110 of 2017 (3) dt.13-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42110 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -VIGILANCE District- PATNA ======================================================

1. Rameshwer Pandey, S/o Late Baliram Pandey, Resident of VillageJhilwania, P.S.- Kateya, District- Gopalganj, Presently residing at Flat no704, Block Kanchanjunga Jalalpur Heights, Near RPS Mahila College, RPS More, Bailey Road, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh, Advocate For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C. Vigi) : Mr. Rabindra Kumar, A.C. to L.O. Vigi.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 13-10-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Vigilance Police Station Case No. 78 of 2016 disclosing offences under Sections 406, 409, 419, 420, 467, 468, 471 and 120B of the Indian Penal Code and Sectino13(2) read with Section 13(1)(d).

Learned counsel for the petitioner has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has not been named in the F.I.R. rather his name has falsely been

Patna High Court Cr.Misc. No.42110 of 2017 (3) dt.13-10-2017 incorporated during course of investigation only to save the skin of culprits. As a matter of fact, the petitioner in the capacity of the then District Education Officer has only forwarded the recommendation made by the District Teachers' Recruitment Appellate Authority to District Programme Officer (Estb.), who was the appointing authority. No order with respect to appointment of any teacher has been passed by the petitioner. The petitioner is said to have been superannuated from his service on 31.03.2015 and suffers from several critical disease. Moreover, several F.I.R. named accused have been granted bail. Hence, the petitioner deserves the privilege of anticipatory bail.

Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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-I, Patna, in connection with Special Case No. 43 of 2016, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.