Manoj Kumar v. The State Of Bihar Through The Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46932 of 2014 Arising Out of PS.Case No. -223 Year- 2013 Thana -SIRDALA District- NAWADA ====================================================== Manoj Kumar S/o Late Raja Ram Singh P.D.S. Dealer, R/o Village Amokhari, P.S. Sirdalla, District Nawada.

.... .... Petitioner

Versus

The State of Bihar through the Vigilance.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Santosh Kumar Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 23-04-2015 Heard learned counsel for the petitioner and the learned counsel for Vigilance Department.

Having regard to the fact that the petitioner faces prosecution for offence under sections 420/120B of the Indian Penal Code and Section 7 of the E.C.Act and Sections 8 and 10 of the Prevention of Corruption Act, 1988 and that the petitioner has no criminal antecedent as also the main accused Santosh Kumar, the Block Development Officer, who had allegedly released the vehicle (pick-up van) containing the foodgrains has been granted anticipatory bail by this Court by an order dated 30.1.2015 in Cr.Misc.No. 2193/2015 and also that two other co-accused, namely, Ram Prasad Yadav and Manohar Thakur, have been granted anticipatory bail by this Court vide order dated 28.3.2014 and 22.1.2015 in Cr.Misc.No. 5088/2014 and Cr.Misc.No.

Patna High Court Cr.Misc. No.46932 of 2014 (3) dt.23-04-2015 702/2015 respectively, this Court in order to maintain parity would also direct that if the petitioner, Manoj Kumar, surrenders in the court below within a period of four weeks from today, he shall be released on bail 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 Special Case No. 50/2014 arising out of Sirdala P.S.Case No. 223/2013, subject to the following conditions:

(i) That both the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how they are related with the petitioner. The bailors will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the bailor shall also state on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse.

(iii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on the date fixed for charge and if he fails to do so

Patna High Court Cr.Misc. No.46932 of 2014 (3) dt.23-04-2015 on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iv) That the petitioner will be well represented on each and every date of trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled on this ground alone.

(Mihir Kumar Jha, J) surendra/- U