Manajar Yadav v. The State Of Bihar Through The Superintendent Of Police Vigilance, Patna, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61362 of 2017 Arising Out of PS.Case No. -118 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Manajar Yadav S/o Late Harendra Yadav, R/o Village- Marhiya, Virti Tola, P.S.- Lauriya , District- West Champaran, Ex- Mukhiya of Gram Panchayat Raj Marhiya Pakari, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar Through The Superintendent of Police Vigilance, Patna, Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 31-01-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Special Case no. 55 of 2016 arising out of Vigilance P.S. Case No.118 of 2016 registered for the offences punishable under Section 13(2) read with Section 13(i))e) of the Prevention of Corruption Act.

The allegation against the petitioner is regarding amassing disproportionate property during the period when he was elected as Mukhiya and held the said post. It is alleged that during the said period the petitioner earned Rs. One Crore approximately, which is disproportionate to his real income.

Patna High Court Cr.Misc. No.61362 of 2017 (3) dt.31-01-2018 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and the entire calculation of Vigilance Department is absurd. However, the learned counsel submits that the petitioner is ready to join in investigation and make available all the documents as required by the Vigilance. It is further submitted that the petitioner has a clean antecedent. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the court concerned within a period of six weeks from the date of receipt/production a copy of this order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. 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 Special Case No. 55 of 2016, arising out of Vigilance P.S. Case No. 118 of 2016, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.

It is directed that the petitioner shall co-operate with the Vigilance during the course of investigation and would be present at the place wherever desired to be present by the Vigilance Department. It is further clarified that in case the Vigilance Department finds that the petitioner is not co-operating

Patna High Court Cr.Misc. No.61362 of 2017 (3) dt.31-01-2018 3/3 during the course of investigation, the Vigilance would be free to file a petition for cancellation of the privilege of anticipatory bail. (Mohit Kumar Shah, J) BTiwary/- U T