Sanjeev Kumar @ Sanjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29197 of 2021 Arising Out of PS. Case No.-254 Year-2018 Thana- CHANDAUTI District- Gaya ====================================================== SANJEEV KUMAR @ SANJEET KUMAR, Son of Sri Rajendra Prasad Singh, Resident of Mohalla - Shivpur Tikiya Toli, Musalehpur Hat, Police Station - Sultanganj in the district of Patna. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

The Vigilance Investigation Bureau through its Additional Director General, Patna, Bihar.

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Ajay Mishra, APP For the Vigilance :

Mr. Arvind Kumar, Spl. P.P. Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-10-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 420, 467, 468, 471, 120(B) of the Indian Penal Code.

Allegation against petitioner is that he conspired with co-accused and got his merit marks increased and on the basis of the same, he secured the appointment as Prakhand Teachers. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case

Patna High Court CR. MISC. No.29197 of 2021(2) dt.21-10-2021 2/3 merely on the basis of suspicion as the petitioner was posted as Block Development Officer, whereas the Merit List was prepared with approval of then members of the appointment Committee. Petitioner was posted as Block Development Officer in Gaya on 13.09.2014 but much prior to that the merit list of the candidates including Rajnandan Sharma was published on 12.04.2013. Similarly placed co-accused has been granted bail by a co-ordinate Bench of this court vide order dated 15.09.2020 passed in Cr. Misc. No. 68110 of 2019. Petitioner has no criminal antecedent.

Learned counsel for the Vigilance Sri Arvind Kumar vehemently opposed the grant of anticipatory bail to the petitioner as petitioner connived with co-accused in getting appointed, although he was not eligible to be appointed on said post.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection with Chandauti P.S. Case No.

Patna High Court CR. MISC. No.29197 of 2021(2) dt.21-10-2021 3/3 254 of 2018, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(S. Kumar, J) Rajiv/veenaU T