Vijay Kumar v. The State Of Bihar Through C.B.I.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40305 of 2015 Arising Out of SPECIAL CASE NO. 06 OF 2014; R.C. CASE NO. 13A/2014 Year- 2014 Thana - C.B.I CASE District- PATNA ====================================================== Vijay Kumar, Son of Late Maheshwar Prasad, Resident of village - Borna, P.S. Gogri, District - Khagaria .... .... Petitioner

Versus

The State of Bihar through C.B.I.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr.

For the Opposite Party : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 07-10-2015 Heard learned counsel for the petitioner, State and the counsel for the C.B.I. Sri Bipin Kumar Sinha.

Petitioner is a Postal Peon attached to Borna Post Office which is under Sub Post Office, Gogri, Khagaria. At the relevant time petitioner was made incharge of Borna Post Office, is said to have misappropriated the funds of pension account drawn from Borna Post Office on the basis of a list prepared by Sri Murlidhar Kumar, Incharge, Sub Post Master, Gogri Post Office. It is submitted on behalf of the petitioner that he being a Postal Peon and made incharge of Borna

Patna High Court Cr.Misc. No.40305 of 2015 (2) dt.07-10-2015 Post Office acted as per the instructions of Sri Murlidhar Kumar, the offences alleged against him are not made out as he followed the instructions given by his superior. The case is under investigation.

In the circumstances, let no coercive steps be taken against the petitioner in connection with Special Case No. 06 of 2014; R.C. Case No. 13A/2014 (Arising out of C.B.I./A.C.B. P.S. Case No. RC 0232014A 0013 of 2014), pending in the court of Special Judge, C.B.I.-II, Patna until charge-sheet is filed as petitioner has undertaken to cooperate with the Investigating Agency.

(V.N. Sinha, J) P.K.P.

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