Chunnilal Sah v. The State Of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21303 of 2017 Arising Out of PS.Case No. -80 Year- 2013 Thana -VIGILANCE District- PATNA ====================================================== Chunnilal Sah S/o late Keshwar Sah ( Rtd. Head clerk, Circle Office Chhapra), Resident of Village- Mirpur Bhual, P.S. Dighwara, District Saran at Chapra. .... .... Petitioner

Versus

The State of Bihar through the Vigilance Investigation Bureau, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjay Kumar @ S.K. For the Opposite Party : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner, learned counsel for the Opposite Party and learned counsel for the State. The petitioner is apprehending his arrest in connection with Spl. Case No. 80 of 2013, arising out of Vigilance Case No. 80 of 2013 for the offences instituted under Sections 418, 420, 423, 424, 466, 477A, 120(B), 201 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of P.C. Act, 1988. The allegation against the petitioner is that being office clerk of Circle Office, Chhapra by hatching conspiracy with other persons wrongly mutated the land of Vishwanath Singh in the name of other persons.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. He has been made accused due to mistake of fact. The petitioner is a

Patna High Court Cr.Misc. No.21303 of 2017 (2) dt.22-05-2017 2/2 government servant. There is no chance of absconding. No specific allegation has been attributed against the petitioner. The other co-accused has been granted anticipatory bail vide Annexure-3 to the present application.

On behalf of the State and the counsel for the Opposite Party, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Spl. Case No. 80 of 2013, arising out of Vigilance Case No. 80 of 2013 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Spl. Judge, Vigilance (North Bihar), Muzaffarpur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Amit/- U T