Dharambir Pandit v. The State Of Bihar Through The Superintendent Of Police Vigilance Investigation Beuro

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41335 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================

1. Dharambir Pandit son of Ram Naresh Pandit resident of village Dabaibigha, P.S. - Ben, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Superintendent of Police Vigilance Investigation Beuro.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Prasad For the Opposite Party/s : Mr. Ramakant Sharma(L.O.I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-11-2016 Heard both sides.

The petitioner apprehends his arrest in Vigilance P.S. case No. 109/2015 under Section 420, 467, 468, 477A, 192, 201, 120B of the Indian Penal Code and under Section 13(2), 13(1) (D) of Prevention of Corruption Act.

The allegation against the petitioner appears at page 36 of the FIR in which it is alleged that Jayrani Kumari was illegally appointed in Primary School, Babhniyawan and petitioner, Dharambir Pandit, was appointed in Primary School, Koshnara.

It is submitted that although appointment letter was issued but the petitioner was not allowed to join on the post. It is

Patna High Court Cr.Misc. No.41335 of 2016 (2) dt.11-11-2016 2/2 alleged that Panchayat Secretary and other officials of the Panchayat illegally appointed the petitioner but the petitioner did not receive any government money as salary as the petitioner has not joined on the post. Other accused persons have already been granted anticipatory bail.

The learned counsel for the Vigilance vehemently opposed the prayer for anticipatory bail.

Considering the facts aforesaid and the fact that petitioner neither joined the post nor received any salary, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, is directed to be enlarged on bail on 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-I, Vigilance, Patna in Vigilance P.S. Case No. 109 of 2015, Special Case No. 65 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T