Anuradha Sinha v. The State Of Bihar Through The Department Of Vigilance
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4612 of 2018 Arising Out of PS.Case No. -159 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Anuradha Sinha W/o Shri Arjun Prasad, R/o Mohalla- Chaudhary Colony, Naisarai, P.S.- Biharsharif, District- Nalanda at present Panchayat Rojgar Sevak, Gram Panchayat Imamganj, Block- Rahui, District- Nalanda. .... .... Petitioner/s
Versus
The State of Bihar Through The Department of Vigilance. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C. Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-02-2018 Heard learned counsel for the petitioner and the Vigilance Department.
The petitioner seeks bail in anticipation of his arrest in connection with Special P.S. Case No. 40 of 2017 dated 18.06.2017 instituted for the offences under Sections 409, 419, 420, 34, 120(B) of the Indian Penal Code and Sections 7 and 8 of the Prevention of Corruption Act, 1988.
On technical inspection of the work carried out under Mahatma Gandhi National Rural Employment Guarantee Act (in short MANREGA), it was found that sand filling was not done and brick-soling as well as drains were found to be damaged. The sum and substance of the allegation, therefore, is that the work was not carried out as per specifications in that regard. Learned counsel for the petitioner has submitted that petitioner is only a Panchayat Rojgar Sewak and is not
Patna High Court Cr.Misc. No.4612 of 2018 (2) dt.02-02-2018 2/2 directly responsible for carrying out any work under the MANREGA scheme. That apart, it has been submitted that the work has been completed as per the specification and in support of the same, the report of the Executive Engineer, Rural Works Department has been referred to. It has further been submitted that two other accused persons viz. Anjeet Kumar, Junior Engineer and Amit Kumar, Panchayat Technical Assistant have been granted anticipatory bail by two different Benches of this Court. For the facts stated above, the petitioner above named is directed to be released on bail, in the event of his surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, subject to his furnishing bail bond in the sum of Rs.
10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, 1st, Patna in connection with Special P.S. Case No. 40 of 2017, arising out of Rahui (Biharsharif) P.S. Case No. 159 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.