Prof. Sanjay Kuma @ Sanjay Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21942 of 2020 Arising Out of PS. Case No.-18 Year-2012 Thana- UNIVERSITY DistrictMuzaffarpur ====================================================== Prof. Sanjay Kumar @ Sanjay Kumar Singh Son of Late Lalbabu Singh Resident of Village - Desri, P.S.- Desri Distt.- Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Shashank Chandra, Advocate For the State :
Mr. J.K. Singh, APP For the Informant : Mr. Prakash Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner and learned APP for the State through video conference. Learned counsel for the petitioner undertakes that all defects pointed out by the stamp reporter shall be removed, and compliance with the conditions of the notices of this Court with regard to acceptance of e-filing shall be made, without delay immediately upon resumption of normal physical functioning of the Court, and in any event within one month thereof. Learned counsel for the State states that he has no objection in this regard and the matter be taken up on merits in view of the stated urgency.
2. The petitioner is in custody since 18.05.2020 in connection with Vishwavidyalaya P.S. Case No. 18 of 2012 for the offences alleged under Sections 420, 467, 468, 471 and 120B of
Patna High Court CR. MISC. No.21942 of 2020(4) dt.02-11-2020 2/3 the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated out of rivalry between the parties in the backdrop of Complaint Case No. 41 of 2010 filed by the petitioner in the Court of Special Judge, Vigilance, Muzaffarpur alleging financial irregularities, when defalcation of an amount of Rs. 1,21,723/- has been detected in the Audit Report No. 1/2014-15. It is submitted that the allegation of submission of forged documents in the name of S.D.O. Sadar, Hajipur by way of minutes of meeting/proceeding of the college in the office of the Vice Chancellor of the University are improbable and there is no allegation that the petitioner has benefited in the transaction. The petitioner claims clean antecedents.
4. Learned APP assisted by learned counsel for the informant appears and has been heard.
5. Be that as it may and considering the materials including statement of witness Gourav Kumar as recorded in paragraph-91 of the case diary suggesting inter se rivalry, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate (East), Muzaffarpur, in connection with Vishwavidyalaya P.S. Case No. 18 of 2012, if he is not otherwise required in any other case.
Patna High Court CR. MISC. No.21942 of 2020(4) dt.02-11-2020 3/3
6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.
(Vikash Jain, J) Ibrar//- U T