Ahtramul Haque v. The State Of Bihar Through Vigilance Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22010 of 2015 Arising Out of PS.Case No. -337 Year- 2014 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ahtramul Haque S/o Late Ainul Haque .... .... Petitioner/s

Versus

The State of Bihar through Vigilance Department. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjiv Sharan, Advocate For the Opposite Party/s : Mr. Ramakant Sharma(L/O(I.C.Vig)) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-05-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the Assistant in the office of Block Supply Office is apprehending arrest in a case registered for the offences punishable under Sections 161, 165, 166(A), 171(E), 420, 421 of the Indian Penal Code and sections 13(1) (D)(C), 13(2) of the Prevention of Corruption Act. The prosecution case is that the Circle Officer-cumBlock Supply Officer, Narkatiyaganj, West Champaran lodged the present case alleging therein that in course of inspection of the shops of PDS dealers namely, Akhileshwar Mishra, Vishwanath Mishra and others under Kehuniya Roaari Panchayat found the grains are being supplied to the consumers

Patna High Court Cr.Misc. No.22010 of 2015 (2) dt.21-05-2015 2/3 by charging Rs.16/- against the prescribed rate of Rs.13/-. The dealers suggested that they are charging excess money as they have to make payment of Rs.22/- per quintal to the Block Supply Officer as well as the Assistant in the Block Supply Office. It is submitted by learned counsel for the petitioner that the accusation of charging more money has been found during inspection against the dealers, but surprisingly, the dealers have not been made accused. The petitioner has been roped in the present case since the petitioner's transfer was stayed which was not liked by the informant and similarly situated co-accused has been granted anticipatory bail vide Criminal Miscellaneous No. 12518 of 2015. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with Shikarpur P.S. Case No. 337 of 2014, subject to the conditions as laid down under

Patna High Court Cr.Misc. No.22010 of 2015 (2) dt.21-05-2015 3/3 Section 438(2) Cr.P.C.

The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.

(Dinesh Kumar Singh, J) Ashwini/- U T