Ashok Kumar Rai v. The State Of Bihar Through The Vigilance Department, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54878 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -C.B.I CASE District- PATNA ====================================================== Ashok Kumar Rai, Son of Late Suresh Prasad Yadav, Resident of MohallaBari Milki, Ward No.11, P.S. Rajgir, District- Nalanda. .... .... Petitioner
Versus
The State of Bihar Through The Vigilance Department, Patna .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.56512 of 2015 Arising Out of PS.Case No. -55 Year- 2015 Thana -C.B.I CASE District- PATNA ======================================================
1. Shiv Shankar Prasad S/o late Dwarika Prasad Village-Gullibhatta Sahibganj, P.s Sahibgabj, district Sahibganj(Jharkhand)
2. Rajiv Kumar s/o Sri lalan Prasad Village- Phulwarisharif, Near Block Office, P.s Phulwarisharif, District Patna.
.... .... Petitioners
Versus
The State of Bihar Through The Department of Vigilance , Bihar, Patna .... .... Opposite Party ====================================================== Appearance :
(In Cr.Misc. No.54878 of 2015) For the Petitioners : Mr. Hansraj, Advocate For the Opposite Party : Mr. Ramakant Sharma, L.O.,I/C Vig. (In Cr.Misc. No.56512 of 2015) For the Petitioners : Mr. Kamlesh Kishore, Advocate For the Opposite Party : Mr. Ramakant Sharma, L/O I.C.Vig, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Vigilance P.S. Case No. 55 of 2015 for the offences instituted under Sections 409, 420, 467, 468, 471 and
120(B) of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. As per the prosecution case, informant, namely, Ambrish Kumar Singh, Dy.SP, Vigilance, Patna alleged that during settlement of Malmas Mela Rajgir 2015, irregularities were committed in the settlement of the tender for which inquiry was ordered to be made by the Vigilance Bureau vide memo no.2655 dated 03.07.2015 and, accordingly, an enquiry was conducted under the supervision of the Dy.S.P., Vigilance, Patna and after enquiry, a joint report was submitted in the Head quarter, Vigilance Bureau. The preliminary inquiry report indicates that the Executive Officer, Nagar Panchayat, Rajgir by misusing his post, under a criminal conspiracy and planned manner, abused the rules and regulations knowingly and Upendra Kumar Vibhuti, who participated in the bid was not compelled to deposit 5% security money. Further allegation is that against the rule of Malmas Mela, the same was settled at Rs.1,13,50,000/- in place of minimum fixed amount of Rs.1,78,37,650/-.
It has been submitted on behalf of the petitioners that the petitioners have falsely been implicated in the present case, as no loss has been caused to the State exchequer. A case has been instituted due to mistake of fact. It is further submitted that the
petitioners are ready to deposit an amount of Rs.50,000/- each in the court below which shall be subject to the final disposal of the case.
On behalf of the State, it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioners shall deposit an amount of Rs.50,000/- each in the court below which shall be subject to the final disposal of the case and on doing so, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Vigilance P.S. Case No. 55 of 2015 corresponding to Special Case No.35 of 2015 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-I, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) B.Kr./- U T