Dr. Tapaswi Prasad Singh v. The State Of Bihar Through Director General, Vigilance, Patna

Patna High Court Cr.Misc. No.19786 of 2017 (4) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19786 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Dr. Tapaswi Prasad Singh, son of Late Ganga Prasad Singh, resident of village - Krishnadaspur, P.S. Kahalgaon, Bodhchak, District - Bhagalpur, at present R/o Mohalla - Dahiyawa Tola, Sona Sadar, Bypass Road, P.S. Muffasil, District - Chapra, the then Registrar, Retired from Department of Physics, J.P. University, Chapra.

.... .... Petitioner/s

Versus

The State of Bihar through Director General, Vigilance, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan, Advocate. For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc., Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 104 of 2016/ Special Case No. 46 of 2016, registered under Sections 420, 467, 468, 471, 472, 477(A), 409 and 120(B) of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the P.C. Act.

The accusation is that Rs. 1,34,85,000/- for the Session 2005-08, Rs.50,00,000/- and Rs.2,75,26,6000/- for the session 2006-09 and Rs.2,79,19,800/- for the session 2007-10 were allotted by the J.P. University, Chapra, as grant in aid for distribution amongst the teaching and non-teaching staff of Sri

Patna High Court Cr.Misc. No.19786 of 2017 (4) dt.27-07-2017 Mahendra Das Degree College, Mathia, Nechua, Jalalpur, Gopalganj but some staffs were appointed illegally. Learned counsel for the petitioner submits that petitioner was the Registrar of J.P. University, Chapra and he was posted there on 06.12.2011 and relieved on 04.01.2013, as such, the grant as detailed in the F.I.R. were not sent to Sri Mahendra Das Degree College, Mathia, Nechua, Jalalpur, Gopalganj during the period of this petitioner. Moreover, the responsibility for distribution of fund amongst the teaching and non-teaching staffs is upon the Principal and Secretary of the college.

Considering the aforesaid submissions, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffapur, in connection with Vigilance P.S. Case No. 104 of 2016/ Special Case No. 46 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T