Balram Roy v. The State Of Bihar Through The Director General Of Police, Bihar, Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14147 of 2017 Arising Out of PS.Case No. -44 Year- 2006 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Balram Roy, Son of Late Ram Dhani Roy, Resident of Village- Umarpur Diyara, Police Station- Buxar, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar through the Director General of Police, Bihar, Vigilance, Patna.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2017 Heard both sides.

The petitioner apprehends his arrest in Vigilance P.S. Case No. 44/2006, registered for the offences punishable under Sections 420, 465, 467, 468, 471, 477(A), 120B of the Indian Penal Code and sections 13(1)(d), 13(2) of the Prevention of Corruption Act, 1988.

On the basis of complaint petition an enquiry was held by the Vigilance Department and on such F.I.R. was lodged. It is alleged that the petitioner is the Junior Engineer. The petitioner and Assistant Engineer committed illegalities and irregularities in Scheme No. 2 of 2002-03 and Scheme No. 5 of 2002-03. The estimate for the aforesaid scheme was Rs. 53,600/-.

Patna High Court Cr.Misc. No.14147 of 2017 (4) dt.03-07-2017 2/2 After brick soling, payment of Rs. 46,153/- was made to the agent who executed the work.

It is submitted that during the course of investigation, it was found that sand was filled in proper way between the two bricks. The inspection was made after more than two and half years and the sand could not be found intact after two rainy seasons. Other co-accused has been granted bail. Considering the facts aforesaid and nature of allegation made against the petitioner, the petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 44/2006, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Prabhat Kumar Jha, J.) Vinita/- U T