Subodh Kumar Jha v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28812 of 2022 Arising Out of PS. Case No.-101 Year-2015 Thana- VIGILANCE District- Patna ====================================================== SUBODH KUMAR JHA S/o Late Kishori Jha R/o Mohalla- Navratanhata, P.S. - Khajanchi Hat, Dist - Purnea, At present Resident of Manas Marg, Shivpuri, P.s.- shastri Nagar, District - Patna. ... ... Petitioner/s

Versus

The State Of Bihar Through Vigilance Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Hemant Kumar, Adv.

For the Opposite Party/s :

Mr. Arvind Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned counsel for the vigilance.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 13(2) r/w 13(1)(e) of the Prevention and Corruption Act, 1988 pending before Spl. Case no.58/15.

Learned senior counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated

Patna High Court CR. MISC. No.28812 of 2022(3) dt.22-09-2022 2/3 in this case. He submits that the assets acquired by the petitioner are validly and fairly acquired assets out of his know sources of income as will be evident from the categorical statements of the petitioner regarding his income and expenditure made hereafter and the details mentioned in the page-14 of the bail application. He submits that the I.O. has not considered the various valid income of the petitioner and wrongly calculated the income of the petitioner. He submits that similarly the I.O. has committed various valid income of the petitioner and wrongly calculated the income of the petitioner. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned counsel for the Vigilance opposes the prayer for bail.

Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court

Patna High Court CR. MISC. No.28812 of 2022(3) dt.22-09-2022 3/3 in connection with vigilance P.S. Case No. 101 of 2015, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Petitioner is directed to appear before the Court below whenever his presence is required. If the petitioner fails to appear on two consecutive dates, the Court below will be at liberty to cancel his bail bond.

(Anjani Kumar Sharan, J) ajay/- U T