Binay Yadav v. The State Of Bihar Through Cabinet Vigilance

Patna High Court Cr.Misc. No.28690 of 2015 (6) dt.29-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28690 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -KOTWALI District- MUNGER ====================================================== Binay Yadav S/o Late Ramasray Yadav R/o Village + P.O. - Mathera, P.S. - Tarapur, District - Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Sinha For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 29-09-2015 Heard learned counsel for the petitioner and learned Sr. Counsel appearing on behalf of EOU. The petitioner apprehends his arrest in connection with Special Case No. 37 of 2014 arising out of Kotwali P.S. Case No. 74 of 2014 registered for the offences punishable under Sections 406, 420, 467, 468, 471, 120(B) of the Indian Penal Code and Section 7, 12, 13, 14, of the P.C. Act. On the last occasion, the petitioner was directed to file a supplementary affidavit indicating the extent/amount which lies with the department for confiscation proceeding. Learned counsel for the petitioner has filed a supplementary affidavit today, which indicates and stand justified by letter no. 1394/30 dated 24.09.2015 which denotes that a total amount of Rs. 8,36,131/- (Eight lacs thirty six thousand one hundred and thirty one only) remains available

Patna High Court Cr.Misc. No.28690 of 2015 (6) dt.29-09-2015 before the excise department for confiscation. It is further submitted that in addition thereto, a sum of Rs. 1, 66,000/- (one lac sixty six thousand) has already been paid. Considering the aforesaid submissions, let the petitioner above named, in the event of his arrest or surrender before the Court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge (Vig-II), Patna in connection with Special Case No. 37 of 2014 arising out of Kotwali P.S. Case No. 74 of 2014, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

It is, however, made clear that petitioner shall not resist the confiscation proceedings and the confiscated money shall be subject to the decision in the main case. (Anjana Mishra, J) Jagdish/- U T