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Patna High CourtCR. MISC./39968/2024bail granted

Ravindra Prasad v. The State Of Bihar

2024-08-20Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39968 of 2024 Arising Out of PS. Case No.-77 Year-2017 Thana- VIGILANCE District- Patna ====================================================== Ravindra Prasad Son of Late Irdwal Paswan R/o Station Road, Nokha, P.O. and P.S.- Nokha Dist.- Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Investigation Bureau, Through the Superintendent of Police, Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajeev Kumar Singh, Adv.

For the State :

Mr. Satyendra Narayan Singh, APP For the Vigilance :

Mr. Rana Vikram Singh, Spl. P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the Vigilance.

2. The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 77 of 2017 (Special Case No. 340 of 2017) registered under Sections 420, 467, 468, 471, 472, 477A/120(B) of the Indian Penal Code and Section 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988.

3. Allegation against this petitioner is that petitioner being Secretary of Block Teacher Appointment Committee, Akbarpur, Nawada in the year 2010 prepared a forged list of 121 candidates for the purpose of illegal appointment of Panchayat Teachers.

Patna High Court CR. MISC. No.39968 of 2024(5) dt.20-08-2024 2/3

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has been falsely implicated in this case merely because he was posted from 02.01.2010 to 07.04.2011 in the office of Block Education Officer, Akbarpur, Nawada. As a matter of fact, the advertisement of the said appointment was advertised in the year 2008, and thereafter process of appointment takes approx 3 years and during the said period, the petitioner was transferred and handed over the charge to one Anant Kumar Singh. It is further submitted that the dismissal order of the petitioner issued by Director, Primary Education has already been quashed by this Hon'ble Court on 17.10.2017 with all the consequential and monitory benefits. Lastly, it is submitted that similarly situated several co-accused persons have already granted bail by this Hon'ble Court vide orders dated 25.04.2018, 20.06.2018, 13.07.2018, 24.08.2018, 20.09.2018 and 21.01.2019 passed in Cr. Misc. Nos. 18370 of 2018, 28697 of 2018, 31651 of 2018, 33663 of 2018, 37260 of 2018 and 62404 of 2018 respectively.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the Vigilance vehemently opposed the prayer for bail and submit that there is specific allegation against the petitioner that petitioner the then Block Education

Patna High Court CR. MISC. No.39968 of 2024(5) dt.20-08-2024 3/3 Officer- cum- Secretary Block Teacher Appointment Committee, Akbarpur, Nawada prepared a list of 121 candidates without any consent from the then B.D.O. of the said appointment committee.

6. Having considered rival submissions advanced on behalf of the parties, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge Vigilance-I, Patna in connection with Vigilance P.S. Case No. 77 of 2017 (Special Case No. 340 of 2017), subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Singh, J) utkarsh/- U T