Lal Babu Prasad v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12525 of 2016 Arising Out of PS.Case No. -7 Year- 2000 Thana -C.B.I CASE District- PATNA ====================================================== Lal Babu Prasad, Son of Late Jaganath Prasad, Resident of Village- Sirisia, Police Station Jogapatti, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar Through Vigilance .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-409, 420, 465, 467, 468, 471, 477A, 120B, 109, 201 of the Indian Penal Code and Section-13(1)(d) read with 13(2) of Prevention of Corruption Act.

Petitioner was working as Sales Clerk in Lauriya Sugar Mill. It is alleged that in huge quantity sugar bags were misappropriated by preparing forged and fabricated documents. Petitioner is said to have signed one forged invoice. No doubt, the present case was lodged in the year 2000 but the impugned order reveals that cognizance of the offence was taken in the year, 2014 and after that, petitioner filed

Patna High Court Cr.Misc. No.12525 of 2016 (2) dt.18-03-2016 2/2 anticipatory bail before this court but did not find favour and after that, petitioner voluntarily, surrendered before the court below on 23-02-2016 and since then, he is languishing in jail custody. Learned counsel for the petitioner points out that several co-accused have already been granted privilege of anticipatory bail by this court sometime in the year, 2000 and thereafter.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Special Case No. 94 of 2002 arising out of Vigilance P.S. Case No. 07 of 2000 to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur. (Hemant Kumar Srivastava, J) A.K.V./- U T