Pawan Kumar v. The State Of Bihar Through Cabinet Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7488 of 2021 Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== PAWAN KUMAR son of Sri Satyanarayan Kumar, Resident of VillageMachharyawan, P.S.- Fatuha, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar through Cabinet Vigilance Patna 2.
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dilip Kumar, Adv.
For the State :
Mr.Ajay Mishra, APP For the Vigilance : Mr. Anil Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2021 Heard Mr. Dilip Kumar, learned counsel for the petitioner, Mr. Anil Singh, learned counsel for the Vigilance Department and Mr. Ajay Mishra, learned A.P.P. Petitioner seeks bail in Special Case No.11 of 2017 arising out of Agamkuan P.S. Case No.44 of 2017 registered under Sections 419, 420, 467, 468, 471 and 34 of the IPC, later on Section 120(B) of the IPC was added, under Section 66D of the I.T. Act and under Sections 7, 8, 9, 13(1)(c)(d)(e) read with Section 13(2) of the Prevention of Corruption Act. Learned counsel for the petitioner submits that the prayer for bail of the petitioner was thrice rejected by this Court vide order passed in Cr.Misc.No.53722 of 2017, Cr.Misc.No.16497 of 2019 and Cr.Misc.No.10165 of 2020. The
Patna High Court CR. MISC. No.7488 of 2021(3) dt.10-02-2021 2/3 petitioner was apprehended along with two other accused persons from where the raid was conducted for unearthing the exam scam in which it is alleged that they are involved in leaking the question papers of the examination to be held by the Bihar State Staff Selection Commission for appointment of Clerks and other government servants in different offices of the Government of Bihar. It is submitted that all other accused persons similarly situated have already been granted bail and the petitioner is in jail for last four years. The trial is not likely to be concluded in near future. The Hon'ble Supreme Court has also granted bail to Sudhir Kumar, the Chairman of Bihar State Staff Selection Commission since the charge sheet has already been submitted and he remained in jail for more than three years. The case of the petitioner is almost on similar footing. Learned counsel for the Vigilance Department and learned A.P.P. did not dispute the facts.
Having considered the facts and the nature of allegations made against the petitioner and the fact that the petitioner has already remained in jail for four years and other accused persons have already been granted bail, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of
Patna High Court CR. MISC. No.7488 of 2021(3) dt.10-02-2021 3/3 like amount each to the satisfaction of learned Special Judge, Vigilance 1, Civil Court, Patna in connection with Special Case No.11 of 2017 arising out of Agamkuan P.S. Case No.44 of 2017.
(Prabhat Kumar Jha, J) Harish/- U T