Ajay Krishna Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8821 of 2022 Arising Out of PS. Case No.-3 Year-2014 Thana- VIGILANCE District- Patna ====================================================== Ajay Krishna Mishra Son Of Sri Jagannath Mishra @ Jagarnath Mishra Resident Of Shekhar Sadan, Road No. 25, Rajeev Nagar, P.S. - Rajeev Nagar, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chittranjan Sinha, Sr. Adv.

Mr. Satish Chandra Jha 3, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, Adv.

For the SVU Mr. Rana Vikram Singh, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-09-2022 Heard learned counsel for the parties.

Learned senior counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 13(2) read with 13 (I) (e) of the Prevention of Corruption Act. Petitioner is said to have abused his position as public servant, amassed assets both movable and immovable in his own name, in the name of his family members, relatives as well as benami which are substantially disproportionate to his known sources of income.

Patna High Court CR. MISC. No.8821 of 2022(7) dt.12-09-2022 2/3 Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that charge-sheet has been submitted in the instant case and now there is nothing for investigation. Moreover, there is no complaint against the petitioner that he has not given cooperation in the investigation. There is also no complaint against the petitioner that he has tampered the evidence. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned Spl.P.P. for the Vigilance opposes the prayer for bail and submits that the vigilance has not arrested the petitioner for custodial interrogation.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Special Case No. 60 of 2014 arising out of Special Vigilance Unit P.S. Case No. 03 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.8821 of 2022(7) dt.12-09-2022 3/3 However, petitioner is directed to cooperate in the trial and appear before the learned court below as and when required by the court. If the petitioner fails to appear before the learned court below on two consecutive dates without any plausible reason, his bail bond shall be cancelled by the learned court below.

(Anjani Kumar Sharan, J) devendra/- U T