Arvind Kumar v. The State Of Bihar Through Vigilance Department, Govt. Of Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48384 of 2014 Arising Out of PS.Case No. -40 Year- 2013 Thana -ECONOMIC OFFENCES, BIHAR District- PATNA ====================================================== Arvind Kumar, S/o Late Ram Yatan Prasad Singh (correct name is Ram Jatan Singh), Resident of Chanakya Nagar, Kumhrar, P.S.-Agam Kuan, District- Patna .... .... Petitioner/s

Versus

The State of Bihar through Vigilance Department, Govt. of Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Binod Kumar Singh, Advocate For the Opposite Party- : Mr. Akhileshwar Prasad Singh, E.O.U. Sr. Advocate, Mr. Rajeev Ranjan Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and Mr. Akhileshwar Prasad Singh, learned Senior Counsel appearing on behalf of Economic Offences Unit (E.O.U.). The petitioner is apprehending his arrest in connection with Economic Offences P.S. Case No.40 of 2013 registered for the offence under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988.

Learned counsel for the petitioner submits that though the petitioner has been roped in a case of disproportionate assets by the investigating agency, till date they have not been able to complete the investigation and the matter has been hanging on

Patna High Court Cr.Misc. No.48384 of 2014 (8) dt.27-10-2015 2/3 his head since long. Learned counsel for the petitioner further submits that though the petitioner has offered all possible explanations for the disproportionate assets, which are alleged to have been recovered from his premises and are in his possession, the authorities have turned a deaf ear to the same and are hell-bent on harassing him. He further submits that the petitioner is willing and ready to offer himself for any investigation and explain any discrepancy which occurred in his account with regard to the properties which have been found to be in his name. He further indicates that he will not dispose of any plot or property which forms the subject-matter of the present F.I.R. Learned counsel for the petitioner submits that the petitioner had been extended the interim protection by this Court and he has honoured the same and not misused it and will not do so in future as well.

Considering the aforementioned facts and circumstances, till submission of the charge sheet, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released 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

Patna High Court Cr.Misc. No.48384 of 2014 (8) dt.27-10-2015 3/3 learned Special Judge, Vigilance-1st, Patna, in connection with, Economic Offences P.S. Case No.40 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that if after submission of the charge sheet, the E.O.U. finds that it is necessary to take appropriate action against the petitioner, it shall be open to it to take appropriate legal recourse.

(Anjana Mishra, J) PNM U T