Khushi Lal Mandal v. The State Of Bihar Through The Vigilance Investigation Bureau, Patna Through Its Suptd. Of Police
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37939 of 2022 Arising Out of PS. Case No.-800 Year-2021 Thana- SUPAUL District- Supaul ====================================================== 1.
KHUSHI LAL MANDAL SON OF LATE SUNDAR MANDAL RESIDENT OF VILLAGE- PARSONI, P.S.- MURAUNA, DISTRICTSUPAUL 2.
SARYU MAHTO SON OF LATE SUKHDEV MAHTO RESIDENT OF VILLAGE- CHANDANPATTI, P.S.- GAMHARIYA, DISTRICTMADHEPURA 3.
INDRA NARAYAN JHA SON OF LATE NASIB LAL JHA RESIDENT OF VILLAGE- BABHANGAMA, P.S.- TRIVENIGANJ, DISTRICT- SUPAUL 4.
RAM BABU YADAV SON OF LATE MALAR YADAV RESIDENT OF VILLAGE- PARIKOCH, P.S.- BARHARA, DISTRICT- SUPAUL 5.
DEO NARAYAN YADAV SON OF LATE BHOLA YADAV RESIDENT OF VILLAGE- JHOKAIN, P.S.- PIPRA, DISTRICT- SUPAUL 6.
SANT LAL YADAV SON OF LATE AYODHI YADAV RESIDENT OF VILLAGE- KHAKHAI, P.S.- KISHANPUR, DISTRICT- SUPAUL 7.
BAIDYANATH YADAV SON OF LATE NAGAD LAL YADAV RESIDENT OF VILLAGE- PACHBHINDA, P.S.- MAROUNA, DISTRICT- SUPAUL 8.
BHUVNESHWARI PRASAD YADAV SON OF LATE BHUKHAN PRASAD YADAV RESIDENT OF VILLAGE- SUKHASANI, P.S.- PIPRA, DISTRICT- SUPAUL 9.
BASUDEO SAH SON OF LATE RAMESHWAR SAH RESIDENT OF VILLAGE- THUMHA, P.S.- PIPRA, DISTRICT- SUPAUL 10.
LAXMAN MANDAL SON OF LATE ASHARFI MANDAL RESIDENT OF VILLAGE- BASHA, P.S.- PIPRA, DISTRICT- SUPAUL 11.
VINDESHWARI PRASAD YADAV SON OF LATE LILA PRASAD YADAV RESIDENT OF VILLAGE- BALUWA, P.S.- SUPAUL, DISTRICT- SUPAUL 12.
TEJ NARAYAN YADAV SON OF LATE RAMI YADAV RESIDENT OF VILLAGE- TULAPATRI, P.S.- KISHANPUR, DISTRICT- SUPAUL 13.
UPENDRA PRASAD YADAV SON OF LATE SITA RAM YADAV RESIDENT OF VILLAGE- MOUJAHA, P.S.- KISHANPUR, DISTRICTSUPAUL 14.
AJIT KUMAR JHA SON OF LATE KALADHAR JHA RESIDENT OF VILLAGE- VEENA, P.S.- SUPAUL, DISTRICT- SUPAUL 15.
RAJENDRA PRASAD YADAV SON OF LATE BOUKU PRASAD YADAV RESIDENT OF VILLAGE- BHAIDYANATHPUR, P.S.- KISHANPUR, DISTRICT- SUPAUL 16.
VISHWANATH PRASAD YADAV SON OF LATE KHUSHI LAL YADAV RESIDENT OF VILLAGE- KATAIYA, P.S.- SINGHESHWAR, DISTRICTSUPAUL
2/4 17.
PUNITA MISHRA WIFE OF VIJAY KUMAR MISHRA RESIDENT OF VILLAGE- VEENA, P.S.- SUPAUL, DISTRICT- SUPAUL 18.
SITA RAM YADAV SON OF LATE SEVI LAL MANDAL RESIDENT OF VILLAGE- TULAPATTI, P.S.- KISHANPUR, DISTRICT- SUPAUL 19.
LAL SINGH SON OF LATE BALBHADAR RESIDENT OF VILLAGERATOULI, P.S.- PIPRA, DISTRICT- SUPAUL 20.
MITHILESH KUMAR SON OF LATE BHAGWAT YADAV RESIDENT OF VILLAGE- KATAIYA, P.S.- PIPRA, DISTRICT- SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR THROUGH THE VIGILANCE INVESTIGATION BUREAU, PATNA THROUGH ITS SUPTD. OF POLICE BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned Spl. P.P. for the Vigilance.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 409, 420, 467, 468, 471, 477(A), 420(B) and 34 of the Indian Penal Code read with Sections 13(2), 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act.
Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and relies on an order dated 13.09.2022 in Criminal Miscellaneous No. 38944 of 2022 to submit that the District Program Officer was granted bail by the said order against whom it is alleged that it was he
3/4 who either interpreting or misinterpreting the order of the writ court had reinstated the petitioner back in service with full back wages which caused loss to the government exchequer. It is further submitted that when the District Program Officer has been granted privilege of anticipatory bail by the aforesaid order, the case of the petitioners is on a much better footing, it is also submitted that the persons identically situated like petitioners were also granted bail vide order dated 22.09.2022 in Criminal Miscellaneous No. 27714 of 2022 (Mahendra Prasad and Ors. V. The State of Bihar), it is thus submitted that since petitioners are also similarly situated like the petitioners of Criminal Miscellaneous No. 27714 of 2022 as such they also deserve to be released on anticipatory bail.
Learned Spl. P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the
4/4 case is pending/successor court in connection with Supaul P.S. Case No. 800 of 2021, G.R. No. 2181 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T