Manoj Kumar v. The State Of Bihar Through D.G. Vigilance, Cabinet Vigilance Department, 6 Circular Road, Patna

Patna High Court Cr.Misc. No.27361 of 2015 (2) dt.12-08-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27361 of 2015 ======================================================

1. Manoj Kumar S/o Ramaswarth Prasad Lecturer, Department of Sanskrit, B.R. Ambedkar University, Muzaffarpur, R/o L-18 Lecturer Quarter no. 181 B.U. Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through D.G. Vigilance, Cabinet (vigilance) Department, 6 Circular Road, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sri Niwas Jha For the Opposite Party/s Mr. Rama Kant Sharma(L.O,I/C Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 12.08.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

This modification petition has been filed in connection with Cr. Misc. no. 28934/2012 in which petitioner was granted privilege of anticipatory bail in connection with L.N.M.U. P.S. case no. 126/2010 with direction to surrender before the court of Special Judge, Vigilance (North Bihar), Muzaffarpur within four weeks from the date of receipt of the above stated order to the court concerned. The contention on behalf of the petitioner is that petitioner was made accused in L.N.M.U. P.S. case no. 150/2010 and that was the reason, he could not surrender before the concerned court within the time as stipulated by this court and when the petitioner got privilege of anticipatory bail in L.N.M.U. P.S. case no. 150/2010 by a coordinate bench of this court vide order dated 14.05.2015 passed in Cr. Misc. no.3036/2015, he approached this court for extension of

Patna High Court Cr.Misc. No.27361 of 2015 (2) dt.12-08-2015 time for surrender before the learned Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with L.N.M.U. P.S. case no. 126/2010 in the light of order dated 22.12.2014 passed in Cr. Misc. no. 28934/2012.

In view of the above stated submissions as well as facts and circumstances, this modification petition is allowed with direction to the petitioner to surrender before the learned Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with Special case no. 14/2011 arising out of L.N.M.U. P.S. case no. 126/2010 within four weeks from today. The other terms and conditions of order dated 22.12.2014 shall remain in force.

Accordingly, the order dated 22.12.2014 passed in Cr. Misc. no. 28934/2012 stands modified to the above stated extent. shahid (Hemant Kumar Srivastava,J) U T