Prakash Chandra Rai v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32424 of 2014 Arising Out of PS.Case No. -38 Year- 2012 Thana -C.B.I CASE District- PATNA ====================================================== Prakash Chandra Rai son of Late Chakardhar Rai, resident of VillageChandheri, P.S. -Sabour, District-Bhagalpur, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chaudhary Prem Kumar Thakur For the Opposite Party/s : Mr. Ramakant Sharma L.O.Ic.(Vigi.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by the learned counsel for the Vigilance.

The petitioner is apprehending his arrest in Special Case No.17 of 2012 arising out of Vigilance P.S.Case No.38/12 for the offences under Sections 167, 465, 466, 471, 120(B) of I.P.C. and Section 7/13(1(a) of P.C.Act of 1988. The allegation against the petitioner is that he as Panchayat Sewak of Khesar Gram Panchayat, allegedly, demanded Rs.20,000/- for issuing appointment letter of Anganbari Sewika for Geeta Devi.

It is submitted on behalf of the petitioner that the question of making such demand does not arise for the simple reason that the Aam Sabha held on 12.3.2007 was cancelled by the

Patna High Court Cr.Misc. No.32424 of 2014 (2) dt.21-01-2015 2/2 District Magistrate, Banka itself as contained in Annexure-2 to this bail petition. It is further submitted that the Mukhiya who had also been made accused in this case has already been extended the privilege of anticipatory bail vide order dated 12.4.2013 passed in Cr.Misc.No.43620 of 2012.

Considering the aforementioned submissions and the fact that the allegations appear to be vague and indistinct, let the petitioner, above named, in the event of his arrest or surrender before the court below within two weeks from today be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Vigilance Judge, Patna-II, in Special Case No.17 of 2012 arising out of Vigilance P.S.Case No.38/12 subject to the conditions as laid down under Section 438(2) of Cr.P.C.

(Anjana Mishra, J) AnilKrSinha/- U T