Sadanand Sharma v. The State Of Bihar Through The Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1516 of 2021 Arising Out of PS. Case No.-52 Year-2019 Thana- VIGILANCE District- Patna ====================================================== SADANAND SHARMA son of Late Basudeo Sharma RESIDENT OF MOHALLA RUEDHASHA WARD NO. 23 KISHANGANJ, P.S.- KISHANGANJ IN THE DISTRICT OF KISHANGANJ ... ... Petitioner/s
Versus
The State of Bihar Through The Vigilance Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Prasad Roy For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioner is apprehending his arrest in connection with Vigilance P.S. Case No. 52 of 2019, Special Case No. 1/2020 for the offence registered under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code and Sectio 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. The prosecution case in brief is that a complaint was lodged with respect to irregularities in the process of appointment of 4th Grade Employees pursuant to an advertisement published in the year 1999. The complainant,
Patna High Court CR. MISC. No.1516 of 2021(4) dt.03-01-2022 2/3 inter alia indicated that there were overwriting on the marksheet of candidate and that more number of candidates were appointed against lesser number of vacancies. The further irregularity which was referred to in the complaint was that no preference was given to the daily wage workers of the District Collectorate and there were irregularities in the issuance of admit card. An enquiry was conducted by the concerned District Magistrate with respect to the complaints, who subjected for a vigilance Enquiry. Later, on the direction of the court a Vigilance Enquiry was conducted which led to the lodging of the first information report.
Learned counsel for the petitioner submits that he is in no way responsible for any alleged wrong doing, which is evident from the material on record itself. It is further submitted that from bare perusal of those documents, it would be evident that the work was to be done by the District Magistrate and not by the petitioner. It is further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate Bench of this Court vide order dated 02.06.2021 passed in Cr. Misc. No. 39609 of 2020. It is further submitted that the petitioner has no criminal antecedent.
Considering the facts and circumstances of the case,
Patna High Court CR. MISC. No.1516 of 2021(4) dt.03-01-2022 3/3 let the petitioner, above named, in the event of his/their arrest/surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, Bhagalpur in connection with Vigilance P.S. Case No. 52 of 2019, Special Case No. 1/2020, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Sunil Kumar Panwar, J) Jagdish/- U T