Bishundhari Thakur @ Bishnudhari Thakur v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32371 of 2014 Arising Out of PS.Case No. -61 Year- 2013 Thana -C.B.I CASE District- PATNA ======================================================

1. Bishundhari Thakur @ Bishnudhari Thakur Son of Late Munsi Thakur resident of House No. 177, Ward No. 11, Mainpura, Danapur Cant, DistrictPatna. .... .... Petitioners

Versus

1. The State of Bihar

2. The Cabinet Vigilance, Govt. of Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Kamala Kant Upadhyay For the Opposite Party/s : Mr. B.N.Pandey (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This is an application seeking anticipatory bail in a case registered for the offence punishable under sections 406, 420, 120B of the IPC and Sections 13(2) read with Section 13(1)(D) of the Prevention of Corruption Act.

Learned counsel for the petitioner, referring to the first information report, submits that the allegation in the first information report relates to financial irregularities committed in purchase of medicines, chemicals, reagents, consumable items and machines in Patna Medical College and Hospital. The allegation against the petitioner is that he, being purchase clerk of medicines in the Patna Medical College and Hospital, caused wrongful loss to the tune of Rs. 12, 63, 62, 970/-.

Learned counsel for the petitioner submits that the petitioner was not posted as purchase clerk during the period 2008

Patna High Court Cr.Misc. No.32371 of 2014 (2) dt.21-01-2015 2/2 to 2010. He has submitted that the petitioner continued as purchase clerk of medicines in Patna Medical College and Hospital till 31.07.2008 whereafter he retired. He, accordingly, contends that there would be no question of petitioner's involvement in the offence alleged to have taken place from the period 2008 to 2010. He has drawn my attention to annexure-4 to the present application to submit that persons, similarly situated, have already been given the privilege of anticipatory bail. Keeping in view the submission, the petitioner, above named, in the event of his arrest/ surrender within a period of six weeks from today shall be released on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, 1st Patna in Vigilance PS case No. 61/2013 Special Case N.66/2013, subject to condition as laid down u/s 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) BKS/- U T