Sanjeev Kumar Yadav v. The State Of Bihar Through The Vigilance, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25149 of 2015 Arising Out of PS.Case No. -74 Year- 2014 Thana -KOTWALI District- MUNGER ====================================================== Sanjeev Kumar Yadav, son of Sri Santlal Yadav, resident of Rahmatpur, P.O & P.S.- Asarganj, District- Munger .... .... Petitioner/s
Versus
The State of Bihar through the Vigilance, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Satyabir Bharti, Advocate For the Opposite Party : Mr. Akhileshwar Prasad Singh, Sr. Advocate Mr. Rajeev Ranjan Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and Mr. Akhileshwar Prasad Singh, learned Senior Counsel appearing on behalf of Economic Offences Unit (E.O.U.). The petitioner is apprehending his arrest in connection with Special Case No.37(A) of 2014 arising out of Munger Kotwali P.S. Case No.74 of 2014 registered for the offences under Sections 406, 409, 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 7, 12, 13, 14 of the Prevention of Corruption Act and Sections 65, 66(ii) and 72 of the Information and Technology Act, 2000.
Earlier case diary in the present case was called for, which has since been received.
Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.25149 of 2015 (3) dt.16-10-2015 2/3 entire allegation against the petitioner is wholly misconceived as he had earlier deposited an amount of Rs.2,92,000/- for the year 2013-14. He further submits that in pursuance of the notice dated 21.7.2014 (Annexure 6 to the application), the petitioner has after lodging of the F.I.R. deposited equal amount vide Challan receipt dated 31.7.2014, in the Treasury at Munger which has been countersigned by the Head Clerk, Excise Department, Munger.
In view of the above facts and circumstances and also because similar relief has been extended to other co-accused on payment of 50% of the amount, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-II, Patna, in connection with Special Case No.37(A) of 2014 arising out of Munger Kotwali P.S. Case No.74 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. It is made clear that the petitioner shall present himself at all relevant dates before the court below and in the
Patna High Court Cr.Misc. No.25149 of 2015 (3) dt.16-10-2015 3/3 event of his absence for two consecutive dates, it shall be open to the authorities to take appropriate legal recourse in accordance with law, which shall also include moving this Court for cancellation/modification of the order. (Anjana Mishra, J) PNM U T