Pramod Kumar Das v. The State Of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 32439 of 2014 Arising out of P.S. Case No. -261 Year- 2013 Thana - THAKURGANJ District- KISANGANJ =================================================== Pramod Kumar Das, Son of Sri Ram Nath Das, Panchayat Sachiv Patheria, Thakurganj, District-Kishanganj, Resident of Lohar Patti, P.S.-Kishanganj, Distt.-Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar Through the Vigilance Investigation Bureau, Bihar, Patna.

.... .... Opposite Party/s =================================================== Appearance :

For the Petitioner/s : Mr. Amal Kumar Sinha, Adv. For the Opposite Party/s:Mr. Ramakant Sharma (L.O.I/CVigi.) =================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 03.

19.01.2015 Heard learned counsel for the Petitioner and the State.

The Petitioner seeks bail in a case instituted for the offences under Sections 409, 468, 471 and 120(B) of the Indian Penal Code and Sections 7/13(2) read with Section 13(1)(C)(d) of Prevention of Corruption Act, 1988. Considering that the entire case is based on documentary evidence which has already been collected since charge-sheet has been submitted and the Petitioner is in custody since 17.12.2013, let him be released on bail on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Special Judge, Vigilance-II, Patna in connection with Special Case No. 39 of 2014 arising out of Thakurganj (Kishanganj) P.S. Case No. 261 of 2013 subject to the following conditions:- (i) That one of the bailors will be a close relative of the

Patna High Court Cr.Misc. No.32439 of 2014 (3) dt.19-01-2015 Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner and the other bailor shall be the father of the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner. (ii) That the bailor shall also state on affidavit that he will inform the court concerned if the Petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

It is made clear that if at all in future the Petitioner is directed to deposit any amount of the defalcated money he shall do so notwithstanding the order of bail.

Vikash/- (Anjana Prakash, J.) U T