Parvej Akhatar @ Md. Parwez Akhtar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38687 of 2015 Arising Out of P. S. Case No. - 2 Year - 2011 Thana - C.B.I CASE District - PATNA ===================================== Parvej Akhatar @ Md. Parwez Akhtar, S/o - Md. Nezamuddin Khan, resident of Village - Piro, P.S.- Piro, District - Bhojpur. .... .... Petitioner/s

Versus

The State of Bihar through Vigilance.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Sinha, Adv. For the Opposite Party/s :Mr. Kedar Singh, Adv. (A.C. to Law Officer, I/C Vigilance) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-02-2016 Heard learned counsel, appearing on behalf of the petitioner, and learned counsel, appearing on behalf of the Vigilance.

This application, for grant of anticipatory bail, in connection with Special Case No.2 of 2011, arises out of Vigilance Case No.3 of 2011, disclosing offences under Sections 120B, 420, 467, 468, 471 and 477A of the

Patna High Court Cr.Misc. No.38687 of 2015 (4) dt.11-02-2016 2/3 Indian Penal Code and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988. The allegation against the petitioner is that he illegally secured his appointment, as a teacher, inasmuch as no legal formalities were complied before his appointment, in the year 1982. Several other persons, who were made accused in the present case, have been granted the privilege of anticipatory bail by this Court by various orders, which have been brought on the record by way of Annexures-7, 8 and 9 to this application. Considering the fact that the First Information Report has been instituted with respect to illegalities committed in appointment of the petitioner in the year 1982, this application is allowed.

Let the petitioner, abovenamed, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge-Vigilance-I, Patna, in connection with Special Case No.2 of 2011 (Vigilance Case No.3 of 2011), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the

Patna High Court Cr.Misc. No.38687 of 2015 (4) dt.11-02-2016 3/3 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 bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T