Kumar Devendra Singh v. The State Of Bihar, Through The Director General, Vigilance Investigation Bureau, 6 Cicular Road, P
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47825 of 2014 Arising Out of PS.Case No. -36 Year- 1999 Thana -C.B.I CASE District- PATNA ======================================================
1. Kumar Devendra Singh, the then General Manager, Zila Udyog Kendra Sitamarhi S/o Late Ram Briksh Singh R/o village- Saraiya, P.S.- Punpun, District- Patna .... .... Petitioner/s
Versus
1. The State of Bihar, Through The Director General, Vigilance Investigation Bureau, 6 Cicular Road, Patna 6 Circular Road, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jagnnath Singh For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 25-05-2015 Heard Mr. Singh for the petitioner and Mr. Ramakant Sharma, Learned Senior Counsel for the Vigilanace. Petitioner being the General Manager of the District Industry Centre was one of the members of the Purchase Committee. The District Superintendent of Education was also the member. In the matter of purchase of stationery, it is alleged that huge bungling was made inasmuch as without inviting tender, a decision was taken to get the stationery supplied at government rate. The District Superintendent of Education utilized its decision and committed financial irregularity. Contention of the petitioner is petitioner is that he retired in the year 1997 and is aged about 78 years. The main
Patna High Court Cr.Misc. No.47825 of 2014 (3) dt.25-05-2015 2/3 culprit of the case is the District Superintendent of Education who committed financial irregularity in the matter of purchase of stationery utilizing the decision of the Purchase Committee. Other accused person had been granted privilege of anticipatory bail by order dated 17.10.2014 passed in Cr. Misc. No. 24232 of 2014. He is a diseased man.
Mr. Sharma states that petitioner should be directed to cooperate in quick disposal of the trial.
Having heard the parties, this Court directs that in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Vigilance, Muzaffarpur in Vigilance P.S. Case No. 36 of 1999 (Special Case No. 188 of 2002) subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions:
(i) One of the bailers shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below.
Patna High Court Cr.Misc. No.47825 of 2014 (3) dt.25-05-2015 3/3 In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T