Umesh Kumar Singh @ Umesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41290 of 2019 Arising Out of PS. Case No.-875 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== UMESH KUMAR SINGH @ UMESH SINGH Son of Late Jagdawan Singh Resident of Village - Gawandri, P.S.- Kundwa Chainpur, Dist.- East Champaran. At Present residing at Anand Marg Road, Ward No.26, P.S.- Motihari Town, Dist.- East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Vigilance Department Govt. of Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Vigilance :

Mr. Anjani Kumar (L.O. Incharge, Vigilance) For the Opposite Party/s :

Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner, learned counsel for the vigilance and State.

The petitioner seeks bail in Motihari (Town) P.S. Case No. 875 of 2018, Special Case No. 13 of 2019, instituted for the offence under Section(s) 420, 409, 467, 469, 471, 472 and 120(B)/34 of Indian Penal Code.

It is alleged in the written report filed by the District Land Acquisition Officer, East Champaran, Motihari, that with respect to the land situated in village Bankat, Khata No. 159, Khesra No. 838, two persons of the same name appeared before the department for claiming compensation of land acquired. On enquiry from Dena Bank, it was found that compensation amount was deposited in fake accounts from the account of several persons. The informant found all the persons to be fraud as they misappropriated

Patna High Court CR. MISC. No.41290 of 2019(4) dt.31-07-2019 2/2 total compensation amount of Rs.3,17,40,800/-.The said amount was transferred to the account of co-accused Jai Kishun Tiwary. The specific allegation has been assigned to all of them in committing the aforesaid occurrence and receiving compensation amount by committing forgery.

Counsel for the petitioner submits that petitioner is not named in the written report. The name of petitioner has come during investigation in the confessional statement of co-accused Jai Kishun Tiwary against whom there is specific allegation in the written report. The petitioner was working as Revenue Clerk. He has no concern with the compensation amount.

Petitioner is in custody since 6.4.2019.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 learned Special Judge (Vigilance), North Bihar, Muzaffarpur, in connection with Motihari (Town) P.S. Case No. 875 of 2018, Special Case No. 13 of 2019, subject to the condition that both the bailors will be close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T