Ranjit Kumar v. The State Of Bihar Through The Vigilance, Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8542 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -VIGILANCE District- PATNA ====================================================== Ranjit Kumar, Son of Nawal Kishor Singh, Resident of Village - Fatehpur, Police Station - Akbarpur, District - Nawada. .... .... Petitioner
Versus
The State of Bihar Through The Vigilance, Bihar, Patna .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Ramakant Sharma (L.O., Inc.,) Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and Sri Ramakant Sharma, Senior Counsel, appearing on behalf of Vigilance Department.
The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 139 of 2016, registered under Sections 109, 420, 409, 467, 471 and 120-B of the Indian Penal Code and Section 13(2), 13(1)(C)(D) of the Prevention of Corruption Act, 1988. The accusation is that the petitioner being the Chairman of PACS, Fatehpur Panchayat, Block-Akbarpur, District-Nawada in collusion with Co-operative Bank Manager, Akbarpur and other public servant committed forgery in the rent receipts showing for procurement of the paddy to the farmers for giving the benefits to his kith and kin.
Learned counsel for the petitioner submits that in the
Patna High Court Cr.Misc. No.8542 of 2017 (11) dt.11-07-2017 2/3 investigation, it was found that the paddy was procured and deposited in the SFC Godown and the payment has also been made to the farmers through RTGS. The enquiry report dated 30.06.2017 as sent by Co-operative Extension Officer, Akbarpur to the District Cooperative Officer, Nawada in connection with the petitioner in the present case disclosed that no any infirmity was found which would appear to Annexure-12 to the supplementary affidavit. Further submission is that similarly situated co-accused Nagendra Singh @ Nagendra Prasad, Branch Manager of Co-operative Bank, Akbarpur has already been allowed anticipatory bail by the Court of Spl. Judge, Vigilance-I, Patna in the present case on 20.01.
2017, but the prayer of the petitioner for anticipatory bail was refused only on the ground that the petitioner is accused in Vigilance Case No. 121 of 2016 regarding the misappropriation of Rs. 9,0000000/-, while in supplementary affidavit filed by the Vigilance Department, it is stated that this fact has come due to wrong information, while the said amount was Rs. 17,00,000/-.
Sri Rama Kant Sharma, Sr. Counsel appearing on behalf of Vigilance Department while opposing the prayer of the petitioner submits that paddy was procured and deposited in the SFC and the payment has also been made to the farmers through RTGS, but his contention is that petitioner showing the forged rent receipts procured the paddy to his kith and kin for providing the subsidy amount as provided by the Government in procuring the paddy to the farmers.
Patna High Court Cr.Misc. No.8542 of 2017 (11) dt.11-07-2017 3/3 Having regard to the facts and circumstances of the case, 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 four 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, 1st Patna in connection with Special Case No. 75 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T