Rajendra Kishore Gokul v. The State Of Bihar, Through Cabinet Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19958 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Rajendra Kishore Gokul Son of Late Pankaj Kumar , Resident of MohallaKatara Bazar, P.S- Bhagwan Bazar, District- Saran, Ex- In-Charge Principal, Dr. P.N. Singh Degree College, Chapra. .... .... Petitioner/s

Versus

The State of Bihar, Through Cabinet Vigilance. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioners : Mr. M. N. Parbat, Sr. Advocate Mr. Praveen Prabhakar, Advocate For the Opposite Party/s : Mr. Rama Kant Sharma(L.O,I/C Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-05-2017 Heard learned counsel for the petitioner and counsel representing the Vigilance.

The petitioner is an accused in Special Case No. 45 of 2016 arising out of Vigilance P.S. Case No. 103 of 2016 for the offences punishable under sections 420, 467, 468, 471, 472, 477(A), 409 and 120(B) of the Indian Penal Code and Sections 13(2) and 13(i) (D) of Prevention of Corruption Act, 1988. From perusal of FIR, it appears that allegation against the petitioner is that he was instrumental in payment of salary to such teachers who were not validly appointed against sanctioned post out of the fund released by the State. Submission of the petitioner is that he was made In-

Patna High Court Cr.Misc. No.19958 of 2017 (4) dt.31-05-2017 2/2 charge Principal vide order dated 22nd August, 2015 and he joined on 25th August, 2015 and he has no role to play in distributing the amount for the session of 2005-08, 2006 and 2009. It appears that one similarly circumstanced, Kishore Kumar Pandey, Principal of Mazrul Haque Degree College, Tarwara, Siwan with similar allegation was granted bail by this Hon'ble Court in Cr. Misc. No. 18830 of 2017 vide order dated 27.4.2017.

The petitioner has specifically stated in paragraph 3 that he has no criminal antecedent.

In view of the aforesaid facts and circumstances mentioned above, let the petitioner, named above, 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 learned Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No. 45 of 2016, arising out of Vigilance P.S. Case No. 103 of 2016 on the condition that the petitioner will extent full cooperation in the trial and will not, in any manner, influence the evidence or the witnesses.

(Anil Kumar Upadhyay, J) Ravi/- U T