Patna High CourtCR. MISC./45426/2019dismissed

Shashikant Shukla v. The Vigilance Investigation Bureau, North Bihar, Muzaffarpur

2019-10-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45426 of 2019 Arising Out of PS. Case No.-7 Year-2018 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== SHASHIKANT SHUKLA S/o Late Shivjee Shukla R/o village- Balivan Sagar, P.S.- Bishambharpur, District- Gopalganj ... ... Petitioner/s

Versus

THE STATE OF BIHAR THROUGH VIGILANCE INVESTIGATION BUREAU, NORTH BIHAR, MUZAFFARPUR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ansul For the Opposite Party/s :

Mr. V.N.P. Sinha, Sr. Advocate with Ms. Soni Shrivastava, Advocate for Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 17 of 2018, arising out of E.O. P.S. Case No. 07 of 2018 registered for the offences punishable under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988.

As per FIR there is allegation of disproportionate of income to the tune of Rs. 11 lac and odd against the petitioner, who was Mukhiya earlier.

Submission of learned counsel for the petitioner is that as a matter of fact some wrong entry has been made by the petitioner in the nomination paper and earlier income of the petitioner was shown higher and as such he has been made

Patna High Court CR. MISC. No.45426 of 2019(3) dt.23-10-2019 2/2 accused.

Heard learned Senior Counsel for the Economic Offence Unit, who has opposed the prayer for anticipatory bail on the ground that petitioner has not explained with respect to the aforesaid disproportionate income.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered by learned Special Judge on the basis of submission of learned counsel for the petitioner as well as materials available on the record, without being prejudiced by this order and, if possible, to be disposed of on the same day.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T