Nagendra Kumar Dubey @ Nagender Dubey v. The State Of Bihar Through Vigilance Dept.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41823 of 2014 Arising Out of PS.Case No. -52 Year- 2013 Thana -GOPALGANJ (Town) District- GOPALGANJ ====================================================== Nagendra Kumar Dubey @ Nagender Dubey, Son of Late Shiv Nath Dubey, Resident of Village- Tola Sipaya, P.S.- Bishambharpur, DistrictGopalganj .... .... Petitioner

Versus

The State of Bihar through Vigilance Deptt. .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s : Mr. Rama Kant Sharma (L.O,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 28-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Special Case No. 39 of 2014 arising out of Gopalganj (Town) P.S. Case No. 52 of 2013, disclosing offences under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. The petitioner is father of Kumari Suman, who is said to have forged an order, said to have been issued by the District Teachers Employment Appellate Authority, Gopalganj. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been implicated only because he happens to be the father of Kumari Suman who has been granted regular bail by this Court by an order dated 09.05.2014 passed in Criminal Miscellaneous No. 11490 of 2014.

Patna High Court Cr.Misc. No.41823 of 2014 (6) dt.28-08-2015 2/2 Having heard learned counsel for the petitioner, learned senior counsel appearing on behalf of the informant as well as learned counsel representing the Stage Vigilance, and the material on record, I am of the view that the petitioner deserves privilege of anticipatory bail.

Let the petitioner, above-named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with Special Case No. 39 of 2014 arising out of Gopalganj P.S. Case No. 52 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

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