Ashok Kumar v. The State Of Bihar Through Vigilance Department

Patna High Court Cr.Misc. No.12518 of 2015 (3) dt.06-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12518 of 2015 Arising Out of PS.Case No. -337 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ashok Kumar S/o Sri Jamuna Prasad the then Block Supply Officer, Narkatiyaganj, P.S. Shikarpur, District West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through Vigilance Department. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate. Mr. Sanjiv Sharan For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-04-2015 Heard learned counsel for the petitioner as well as leaned counsel appearing for the Vigilance.

The petitioner apprehends his arrest in connection with Special Case No. 64 of 2014 arising out of Shikarpur P.S. Case No. 337 of 2014 registered under Sections-161, 165, 166(A), 171(E), 420, 421 of the Indian Penal Code.

The contention on behalf of the petitioner is that the name of the petitioner was added in the statement of so-called dealers later on, making interpolation in the statement of the dealers and as a matter of fact, except the oral statement of dealers, there is nothing against the petitioner.

The learned Special Judge, Vigilance has rejected the

Patna High Court Cr.Misc. No.12518 of 2015 (3) dt.06-04-2015 prayer of anticipatory bail of the petitioner on the ground that he does not have any apprehension of arrest as the I.O. has not prayed for issuance of warrant but it is well-known that in cognizable offence, the police has power to arrest a person without issuance of arrest warrant.

Considering the aforesaid facts and circumstances as well as submission of the parties, let the petitioner named above, in the event of his arrest or surrender within four weeks from the date of receipt/production of copy of the order in the court below, be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 64 of 2014 arising out of Shikarpur P.S. Case No. 337 of 2014 to the satisfaction of learned Special Judge, Vigilance (North Bihar) Muzaffarpur subject to the conditions as laid down u/S 438(2) of the Cr. P.C. (Hemant Kumar Srivastava, J) A.K.V./- U T