Vijay Pratap Singh v. The State Of Bihar Through The Vigilance North Bihar Muzaffarpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1525 of 2016 Arising Out of PS.Case No. -56 Year- 2013 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================

1. Vijay Pratap Singh son of Late Ram Rekha Singh, Resident of villageRam Gulam Tola, P.S. Deoria, District- Deoria .... .... Petitioner/s

Versus

1. The State of Bihar through the Vigilance (North Bihar) Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Kumar, Advocate For the Opposite Party/s : Mr. Ramakant Sharma(L.O.I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 13(2) read with Section 13 (1) (E) of the Prevention of Corruption Act, 1988 and Sections 109, 120B of the Indian Penal Code.

The prosecution case is that the petitioner being the Additional Collector, during the check period 1983-84 to 2006-07 has illegally amashed property worth Rs. 20,98,120/- which is disproportionate to his known source of income.

It is submitted by the learned counsel for the petitioner that the assessment of the assets of the petitioner has not be correctly made as the assets of the petitioner's wife has also been clubbed with assets of the petitioner. The

Patna High Court Cr.Misc. No.1525 of 2016 (4) dt.09-02-2016 petitioner has now retired and the investigation has already concluded. This is not a case of the Vigilance that the petitioner has not cooperated during investigation.

Learned counsel for the Vigilance admits that the petitioner has cooperated during investigation and the chargesheet has been submitted on 28.01.2014. Considering the fact that investigation has already concluded, petitioner has now retired, coupled with the submission of counsel for the Vigilance that the petitioner cooperated throughout the investigation, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Special Case No. 35 of 2013 arising out of Vigilance P.S. Case No. 56 of 2013, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

The learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for three consecutive occasions.

(Dinesh Kumar Singh, J) P.K./- U T