Arbind Kumar @ Arbind Rajbanshi @ Arvind Kumar @ Arbind Rajhans v. The Vigilance Department Through Its Additional Director General Of Police, Bihar, Patna And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6776 of 2018 Arising Out of PS.Case No. -122 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== ARBIND KUMAR @ ARBIND RAJBANSHI @ ARVIND KUMAR @ ARBIND RAJHANS, Son of Ram Bilas Rajbanshi, resident of VillageBairbanna, Police Station- Karpi in the district of Arwal. .... .... Petitioner/s
Versus
1. The Vigilance Department through its Additional Director General of Police, Bihar, Patna.
2. The Additional Director General of Police, Vigilance Department, Government of Bihar, Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar, Advocate For the Vigilance : Mr. Kedar Singh, A.C. to Mr. Ramakant Sharma (L.O.,Inc.Vigilance) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 08.12.2017 in connection with Special Case No.75 of 2014, arising out of Karpi (Sahar Telpa) P.S. Case No.122 of 2014, registered for the offence under Sections 420, 406, 409/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner was one of the applicants who had complained against illegal withdrawal of money for construction of toilets by NGO i.e., Magadh Samaj Kalyan Kendra and it is for the
Patna High Court Cr.Misc. No.6776 of 2018 (3) dt.21-02-2018 2/3 said reason, that the petitioner has been implicated in connection with the present case. It is further submitted that the allegation of defalcation of Rs.3,00,000/- is also mischievous. It is further submitted that the petitioner has verified the vouchers, on the basis of which payment has been received by one Arvind Kumar, who is also an accused in the case.
Considering the fact that the investigation in the present case is already complete and charge-sheet has been submitted and the amount involved is of Rs.3,00,000/-, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-1st, Patna, in connection with Special Case No.75 of 2014, arising out of Karpi (Sahar Telpa) P.S. Case No.122 of 2014, subject to the following conditions:
(1) One of the bailors will be his blood relative, namely, father, mother, brother, sister and/or his wife.
(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.
(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of
Patna High Court Cr.Misc. No.6776 of 2018 (3) dt.21-02-2018 3/3 his failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) PNM U T