Patna High CourtCR. MISC./49608/2018disposed

Ajay Kumar v. State Of Bihar And ANR

2018-10-05Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49608 of 2018 Arising Out of PS. Case No.-515 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Ajay Kumar S/o Binod Kumar, R/o Mohalla- Hardia, Sector, P.S.- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Inspector General, Vigilance Department , Patna (Bihar). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrendra Kumar For the Opposite Party/s :

Mr. Ramakant Sharma(L.O., I/C, Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-10-2018 Heard learned counsel for the petitioner, learned counsel for the State as well as learned counsel for the informant.

The petitioner, who is in custody, seeks bail in connection with Special Case No. 349 of 2017 arising out of Gandhi Maidan Police Station Case No. 515 of 2017 registered under Sections 467, 468, 471, 409, 420, 120B/34 of the Indian Penal Code and Section 13(1)(C)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

Allegation against petitioner is fraudulent transfer of government money in his personal account of Rs. 3,12,000/-. Petitioner has agreed to refund Rs. 2,38,518/- in the government account. The balance amount of 73,482/- in his personal account

Patna High Court Cr.Misc. No.49608 of 2018(7) dt.05-10-2018 2/3 has been fridged by the order of government authority. Petitioner is directed to be released on provisional bail for a period of six months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-1, Patna, in connection with Special Case No. 349 of 2017 arising out of Gandhi Maidan Police Station Case No. 515 of 2017 subject to the condition that petitioner shall deposit of Rs. 2,38,518/- within six months in the government account and after making full payment provisional bail shall be made absolute, with subject to condition that:- (i) Bailor should be local having sufficient immovable properties within the jurisdiction of concerned court.

(ii) Petitioner shall appear before the trial court on each and every date fixed by trial court and his absence on consecutive two dates without any valid and plausible reason, the trial court shall be at liberty to cancel the bail bond.

(iii) Petitioner shall not tamper the evidence and if he is found of indulging

Patna High Court Cr.Misc. No.49608 of 2018(7) dt.05-10-2018 3/3 in tampering of evidence, the prosecution shall be at liberty to move for cancellation of his bail bond.

(S. Kumar, J) veena/- U T