Surendra Chaudhary v. The State Of Bihar Through The Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2785 of 2015 Arising Out of PS.Case No. -73 Year- 2013 Thana -C.B.I CASE District- PATNA ======================================================

1. Surendra Chaudhary Son of Shri Baijnath Chaudhary R/o Village - Karnaul, P.S- Sahebganj, District - Muzaffarpur presently residing at - New Colony, Balu Ghat, P.S- Town, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar Through The Vigilance Investigation Bureau, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadhesh Kumar For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C,Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420,467,468,471,201a and 120B of the Indian Penal Code and sections 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. The brother of the petitioner Mahendra Choudhary complained that a sale deed was executed in favour of the petitioner and the complainant being brothers, by one Md. Ajim on 20.3.1982 but subsequently the mutation was done in favour of the petitioner only.

It is submitted by learned counsel for the petitioner that the sale deed was executed in favour of the petitioner only in 1982 when the mutation was done in 1984-85 and alleged sale deed,

Patna High Court Cr.Misc. No.2785 of 2015 (2) dt.21-01-2015 2/2 claimed by Mahendra Choudhary, has not been brought on record. Hence, it is submitted that absolutely for a civil nature of dispute, the vigilance has tried to implicate the petitioner. 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 twelve 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 learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Special Case No. 43 of 2013 arising out of Vigilance P.S. Case No. 73 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

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