Shio Bihari Singh @ Shiv Bihari Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28748 of 2014 Arising Out of PS.Case No. -24 Year- 1991 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Shio Bihari Singh @ Shiv Bihari Singh, son of late Indradev Singh, resident of Village- Kaithi, Police Station- Sanjhauli, District- Rohtas at Sasaram .... .... Petitioner/s

Versus

1. State of Bihar

2. The Vigilance, Bihar, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramchandra Singh, Adv. For the Opposite Party/s : Mr. Ramakant Sharma(L.O.(Inc.)Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Special Case No. 10 of 2002, arising out of Vigilance P.S. Case No. 24 of 1991 registered for the offences punishable under Sections 13 (2) read with 13(1) (C) and 13 (1) (D) of the Prevention of Corruption Act, 1988, seeks the privilege of prearrest bail. Allegedly, the petitioner being the contractor in collusion and conspiracy with other co-accused, constructed building of Frozen Semen Bank with lowest quality, resulting vertical cracks in walls at several points and floors were broken. This petitioner was given work of wiring of Semen Bank Office.

Patna High Court Cr.Misc. No.28748 of 2014 (5) dt.15-01-2015 Submission is that the petitioner has completed the work assigned to him as per the required norms and quality. Other coaccused Kaushal Kishore and Doctor Navin Kumar have been granted bail by the Hon'ble Court after depositing cash amount payable to them and there is no allegation that the wiring was found defective to which the learned Special P.P. Vigilance opposes the anticipatory bail.

Considering that there is no allegation that wiring was found defective and as such, the petitioner in case of his arrest or surrender within two months from the date of receipt/production of the copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subodh Kr. Shrivastava, the learned Special Judge Vigilance (North Bihar) Muzafferpur in connection with Special Case No. 10 of 2002, arising out of Vigilance P.S. Case No. 24 of 1991, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) Vats/- U T