Ashok Pandey v. The State Of Bihar Through The Vigilance Department Patna Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24300 of 2015 Arising Out of PS.Case No. -39 Year- 2013 Thana -C.B.I CASE District- PATNA ======================================================

1. Ashok Pandey son of Rajbanshi Pandey R/O Village- Mansha Dubey Pathkhauli, P.s. - Bairia, district- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Vigilance PS case No. 39/2013 for the offence under section 409, 420, 467, 468, 471, 120B of the Indian Penal Code. The prosecution story, in brief, is that the informant submitted his report stating that during the course of enquiry, he found irregularity committed by the accused persons including the petitioner in distribution of food-grains and kerosene oil through P.D.S. to the rend and yellow card holders of the BPL families. It was found that fake coupons were issued in the name of dead persons and the real beneficiaries of the scheme have been deprived of their right.

On behalf of the petitioner, it has been submitted that if

Patna High Court Cr.Misc. No.24300 of 2015 (2) dt.13-07-2015 2/2 the allegations are accepted to be true, the same constitutes negligence in discharging the duty and no wrongful gain has been mad be the petitioner. It is further submitted that petitioner is ready to deposit an amount of Rs. 15000/- before the court below, which shall be subject to final decision of the case. It has been submitted on behalf of the Vigilance that the petitioner is named in the first information report. Considering the aforesaid facts, it is directed that the petitioner shall deposit a sum of Rs. 15,000/- in the court below, which shall be subject to final decision of the case.

With the said condition, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, (North Bihar), Muzaffarpur in connection with Vigilance PS case No. 39/13, subject to condition as laid down under section 438(2) of the Cr. P.C. It is further directed that the petitioner shall co-operate during the investigation.

(Sudhir Singh, J) BKS/- U T