Kailash Kumar v. The State Of Bihar Through The Vigilance, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26139 of 2014 Arising Out of PS.Case No. -74 Year- 2014 Thana -KOTWALI District- MUNGER ====================================================== Kailash Kumar, son of Sri Lal Baidh, Resident of Mungraura (Tedhi Gali Naya Gaon), P.S.- East Colony, Jamalpur, District- Munger .... .... Petitioner

Versus

The State of Bihar through the Vigilance, Patna. .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. N.K.Agrawal, Sr.Advocate with Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s : Mr. Akhileshwar Prasad Singh, Sr. Advocate with Mr. Rajeev Ranjan Prasad, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-09-2015 Heard learned Sr. Counsel appearing for the petitioner and learned Sr. Counsel appearing for the Economic Offence Unit. The petitioner is apprehending his arrest in connection with Special Case No. 37/2014, arising out of Munger Kotwali P.S.Case No. 74/2014 registered 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 including Sections 65, 66(ii) and 72 of the I.T. Act.

Learned counsel for the petitioner submits that though the allegation against the petitioner is wholly misconceived yet without prejudice to his rights he is willing to deposit 50% of the FIR alleged defalcated amount within a period of three months. Considering the fact that other similarly situated persons have also been extended the privilege of anticipatory bail, let the

Patna High Court Cr.Misc. No.26139 of 2014 (20) dt.30-09-2015 petitioner deposit the aforesaid amount within the period as indicated above.

Considering the offer made by the petitioner, let the petitioner, above named, in the event of his arrest/surrender in the court below within a period of three 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/- (Rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 37/2014, arising out of Munger Kotwali P.S.Case No. 74/2014 to the satisfaction of the Special Judge, Vigilance II, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

It is made clear that if the petitioner does not deposit the amount, as indicated above within the period of three months, it shall be open to the Economic Offence Unit to proceed for cancellation of bail/modification of this order. (Anjana Mishra, J) spal/- U