Chandra Shekhar Singh And ORS v. The State Of Bihar Through Vigilance
Patna High Court Cr.Misc. No.12851 of 2015 (5) dt.30-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12851 of 2015 Arising Out of PS.Case No. -30 Year- 1986 Thana -C.B.I CASE District- PATNA ======================================================
1. Chandra Shekhar Singh son of Late Jagdish Singh
2. Dharmendra Singh, Son of Jagdam Pd. Singh
3. Sanjay Singh, Son of Pashupati Singh
4. Shashi Bhushan Singh, son of Late Jagdish Singh
5. Surya Shekhar Singh, Son of Late Jagdish Singh
6. Vijay Singh son of Pashupati Singh
7. Dharmendra Kumar @ Dharmendra Kumar Sao, son of Late Gendhari Sao.
All resident of village- Batta Rampur, P.S.- Chanan, District- Lakhisarai .... .... Petitioner/s
Versus
1. The State of Bihar through Vigilance .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Prasad For the Opposite Party/s : Mr. Ramakant Sharma (Law Off. Vig) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-06-2015 Heard learned counsel for the petitioners as well as learned counsel appearing for the Vigilance.
Petitioners apprehend their arrest in connection with Special Case No. 75 A of 1986 arising out of Vigilance P.S. Case No. 30 of 1986 registered for the offences punishable under Sections 120B, 409, 420, 467, 468, 471 of the Indian Penal Code and Sections 5(2), 5(i) (c) (d) of the Prevention of Corruption Act, 1947.
Learned counsel for the petitioners drew my attention towards page-7 of the F.I.R. and submits that according to F.I.R.
Patna High Court Cr.Misc. No.12851 of 2015 (5) dt.30-06-2015 itself, it was co-accused, Jagdish Singh who did all the things and at the time of alleged occurrence except petitioner no. 5, all the petitioners were minor. It is further submitted on behalf of the petitioners that so far as petitioner no. 5, namely, Surya Shekhar Singh is concerned, no doubt, he was major but admittedly, at the time of alleged occurrence, his father, namely, Jagdish Singh was alive.
No doubt, the case was instituted in the year 1986 but taking note of the aforesaid facts and circumstances of the case, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-II, Patna in Special Case No. 75 A of 1986 arising out of Vigilance P.S. Case No. 30 of 1986 subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T