Sudhir Kumar v. The State Of Bihar Through The Vigilance Investigation Bureau, Bihar, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 12534 of 2017 Arising Out of PS.Case No. -401 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Sudhir Kumar, (The Then B.D.O. of Sakra Block) S/o late Bhupneshwar Prasad, At present Assistant Statistical Officer, District Statistical Office, Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar through the Vigilance Investigation Bureau, Bihar, Patna.

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

For the Petitioner/s : Mr Sanjay Kumar @ S K For the Vigilance : Mr Ramakant Sharma, Sr Advocate ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 The petitioner is apprehending his arrest in connection with Special Case No 57 of 2014 arising out from Sakra Police Station Case No 401 of 2014 registered for offences punishable under Sections13/14 of the Prevention of Corruption Act, 1988. It is submitted on behalf of the petitioner that allegation against him is that he has defalcated the money allotted for the purpose of construction of house under the Indira Awas Scheme. Due to some mistake, the allotment has been made in favour of other persons but when the petitioner came to know of this fact, he himself lodged a case against the persons prior to lodging of the present case. Those persons have also deposited the money allotted to them.

Patna High Court Cr.Misc. No.12534 of 2017 (2) dt.27-03-2017 2/3 Heard learned counsel for the Vigilance also who has not controverted the submission made on behalf of the petitioner. Having heard both sides and in view of the facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the Court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with Special Case No 57 of 2014 arising out from Sakra Police Station Case No 401 of 2014 subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and the petitioner will produce all the papers before the Investigating Officer which will be enquired and if the submission is found false, the prosecution will be at liberty to move for

Patna High Court Cr.Misc. No.12534 of 2017 (2) dt.27-03-2017 3/3 cancellation of his bail bonds.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) M.E.H./- U T