Rajendra Pandey v. The State Of Bihar Through Dept. Of Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7872 of 2020 Arising Out of PS. Case No.-257 Year-2019 Thana- KOCHAS District- Rohtas ====================================================== Rajendra Pandey Son of Late Prasiddh Pandey Resident of New Colony, Pakari, Police Station - Nawada, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Arvind Kumar For the Vigilance :

Mr. Rana Vikram Singh, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 02-03-2020 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Vigilance. Petitioner is apprehending arrest in connection with Special Case No. 44 of 2019 arising out of Kochas P.S. Case No. 257 of 2019 for the offence under section 120(B) of the Indian Penal Code read with Section 7/8 of the Prevention of Corruption Act.

Learned counsel for the petitioner submits that petitioner has no criminal antecedent.

Allegation against this petitioner is that he has unauthorizedly allowed three persons to work in his office. There is no allegation of taking bribe. There is also no allegation that he was involved in corrupt practice.

Learned counsel for the petitioner would submit that in the totality of facts situation, Prevention of Corruption Act is not applicable as there is no question of any corrupt practice and

Patna High Court CR. MISC. No.7872 of 2020(2) dt.02-03-2020 2/2 in the absence of such allegation levelling offence under the Prevention of Corruption Act is totally misconceived.

Since there is no allegation of demand of any bribe or any undue favour merely because three persons were found doing work in the office of petitioner cannot be a ground to deny the bail of this petitioner as primarily the responsibility is of the Head of the Institution and if the the liability is fasten on the petitioner then liability goes in the system of everyone holding higher post is accountable, the Court is inclined to grant anticipatory bail to the petitioner, let the petitioner, named above, in the event of 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 enlarged on bail on furnishing bail bond of Rs.

25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Patna, in connection with Special Case No. 44 of 2019 arising out of Kochas P.S. Case No. 257 of 2019 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T