Shailendra Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38786 of 2018 Arising Out of PS.Case No. -59 Year- 2018 Thana -KURTHA District- JEHANABAD ======================================================

1. Shailendra Kumar S/o Sri Rajendra Choudhary, R/o Vill.- Arwal Sipah, P.S.- Arwal, District- Arwal.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Arvind Prasad Singh, Adv. For the Vigilance : Mr. Rama Kant Sharma, Sr. Adv. Mr. Rabindra Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kurth P.S.Case No.59 of 2018 registered for offences punishable under Sections 467, 468, 471, 419, 420, 120(B) of the Indian Penal Code.

Allegation against the petitioner is that on the same certificate two persons were appointed at different places and it has come to the notice when one person appeared for its verification but another person has not appeared. It is said that hands of the petitioner is also suspected.

Submission of the learned counsel for the petitioner is that the petitioner has no mechanism to verify the certificates and the mechanism was with the Block Development Office and in such a case these lapses might have caused, which was unintentional and

Patna High Court Cr.Misc. No.38786 of 2018 (3) dt.10-07-2018 2/2 the petitioner is a government servant and ready to abide by any condition imposed upon him.

Heard learned A.P.P. and the learned counsel for the vigilance.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, 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 the learned Shri Dhananjay Kumar Singh, C.J.M., Arwal in connection with Kurtha P.S.Case No.59 of 2018, subject to condition 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 make himself available as and when required by the Vigilance, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T