Raj Kumar Thakur v. The State Of Bihar Through Vigilance Commissioner (Cabinet Vigilance), Bihar.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34780 of 2019 Arising Out of PS. Case No.-144 Year-2016 Thana- VIGILANCE District- Patna ====================================================== RAJ KUMAR THAKUR Son of Late Gurubachan Singh Secretary of Lachhu Tola Panchayat, Resident of Village and P.O-Chilhaus, P.S-Sandesh, DistrictBhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR THROUGH VIGILANCE COMMISSIONER (CABINET VIGILANCE), BIHAR.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tuhin Shankar For the Opposite Party/s :
Mr.Anjani Kumar(L.O.Inc. Vigilance,Bihar,Patna) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-05-2019 Heard learned counsels for the parties.
The petitioner being the Panchayat Secretary is languishing in custody since 29-10-2018 in a case registered for the offences punishable under Sections 419, 420, 409, 467, 471 and 120B of the I.P.C. and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
The prosecution case is that one application was made by Anju Rai, daughter of Indradeo Rai, alleging therein that one fake Anju Devi, wife of Vikash Kumar is working as Panchayat Teacher in Purushottam Primary School at Purushottam block, Shahpur utilizing her educational certificates, particularly, certificate of BETET, having Roll No. 0802110825. Consequently, an enquiry was conducted. During the enquiry, the petitioenr conveyed to the enquiry team that on 01.08.2014,
Patna High Court CR. MISC. No.34780 of 2019(2) dt.28-05-2019 2/3 Anju Rai wife of Subhash Rai was appointed as a teacher of Purushottam Primary School but the petitioner failed to produce the receiving of the register of the application form or issue register on the pretext that he did not remember where it has been kept.
During enquiry, it was found that all educational document of Anju Rai daughter of Indradeo Rai was utilized by Anju Rai, wife of Subhash Rai, including her photographs and all the documents were supplied by this petitioner being the Panchayat Secretary and consequently, on the basis of forged appointments, Anju Rai, wife of Subhash Rai bequeathed salary to the tune of Rs.42,574/-.
It is submitted by learned counsel for the petitioner that thrust of accusation is against Anju Rai (wife of Subhash Rai) and the entire salary has been withdrawn by her. It is further submitted that only on suspicion, the accusation has been levelled against the petitioner. It is also submitted that virtually, the petitioner has been cheated by said Anju Rai. Moreover, the investigation has already been concluded.
Learned counsel for the vigilance submits that the petitioner was the kingpin in the entire episode of appointment of Anju Rai wife of Subhash Rai on the forged documents,
Patna High Court CR. MISC. No.34780 of 2019(2) dt.28-05-2019 3/3 particularly, the BETET certificate of Anju Rai, daughter of Indradeo Rai and consequently withdrew salary. Considering the trust of accusation against Anju Rai, wife of Subhash Rai, the investigation being concluded and the period in custody, let the petitioner above named 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 learned Special Vigilance-I, Patna in connection with Special Case No. 79 of 2016 arising out of Vigilance P.S. Case No. 144 of 2016).
(Dinesh Kumar Singh, J) anil/- U T