Ramashankar Dubey v. The State Of Bihar Through The Director General Of Police, Cabinet Vigilance Investigation Bureau,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30634 of 2014 Arising Out of PS.Case No. -3 Year- 2013 Thana -C.B.I CASE District- PATNA ====================================================== Ramashankar Dubey, S/o Shri Balanand Dubey, Resident of Alkapuri, Gardanibag, P.S.-Gardanibag, Patna-800002 presently posted as Pragramme Officer, Block-Sahebganj, District-Muzaffarpur. .... .... Petitioner

Versus

The State of Bihar through The Director General of Police, Cabinet Vigilance Investigation Bureau, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar Pandey, Adv. For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Vigilance (Patna) P.S. Case No. 3 of 2013 (Corresponding to Spl. Case No. 3 of 2013) registered for the offences punishable under Sections 409, 420, 467, 468, 471, 477A, 120(B)/34 of the Indian Penal Code and Section 7/13 (i)(d) of the Prevention of Corruption Act, 1988, seeks the privilege of pre-arrest bail. Some irregularity and illegality have been committed during execution of Central Scheme of MGNREGA. Submission is that the petitioner has taken charge on 18.12.2010 after joining dated 03.09.2010 and the irregularities

Patna High Court Cr.Misc. No.30634 of 2014 (2) dt.22-01-2015 have been stated during the year 2006-2010 and as such, it would be manifest that allegation levelled against the petitioner cannot be substantiated. Moreover, in this case, so many accused persons even the Mukhiya have also been granted anticipatory bail by the different Benches of the Hon'ble Court.

Considering the fact that other co-accused have been allowed anticipatory bail by different Benches of the Hon'ble Court and as such, the petitioner, in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (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 Vigilance (Patna) P.S. Case No. 3 of 2013 corresponding to Special Case No. 3 of 2013, subject to the conditions as laid down under Section 438(2) Cr. P.C. with additional condition that the petitioner shall cooperate during investigation. (Jitendra Mohan Sharma, J.) Vats/- U T