Dr. Ambarish Kumar Chaturvedi v. The State Of Bihar Through Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3151 of 2019 Arising Out of PS. Case No.-533 Year-2011 Thana- BHABHUA District- Bhabhua (Kaimur) ====================================================== Dr. Ambarish Kumar Chaturvedi Late Ashok Kumar Chaturvedi Resident of Village-Roiyan, P.O. Bhaghanhi P.s Ramgarh, District Kaimur (Bhabhua) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Anjani Kumar(L.O., Inc. Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Special Case No. 07A of 2012 arising out of Bhabua P.S. Case No. 533 of 2011, registered for the offence punishable under Sections 409, 420, 467, 468, 471/34, 120B of the Indian Penal Code and Section 13(1)(d) of the Prevention of Corruption Act.

The allegation is against one accused person namely Dr. Uchit Lal Mandal, who was the then Civil Surgeon, of making payment of a sum of Rs. 5.50 crores to the Non Government Organization, Private Nursing Homes, Private Hospitals and Private Doctors under the Family Planning (Sterilization) Scheme and under the Mother and Child

Patna High Court Cr.Misc. No.3151 of 2019(2) dt.24-01-2019 2/3 Security Scheme without obtaining the prior permission of the District Magistrate. It is further alleged in the F.I.R. that fictitious bills had been raised and huge sums of money have been misappropriated.

The learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and he is a practicing Vaidya and as far as the F.I.R. is concerned, no allegation whatsoever has been levelled against him. However, during the course of investigation, it has transpired that the petitioner was also a beneficiary of the misappropriated amount. The learned counsel for the petitioner further submits that the main accused i.e. the Dr. Uchit Lal Mandal has already been granted bail by this Court by an order 12.09.2012 passed in Criminal Miscellaneous No. 27503 of 2012. It is further submitted that other coaccused person, namely, Dr. Pramod Kumar Singh @ Dr. Pramod Kumar has also been granted bail. The petitioner is stated to be languishing in custody since 12.12.2018. Per contra, the learned counsel for the Vigilance has appeared and opposed the prayer for bail.

Having regard to the facts and circumstances of the case as also considering the fact that the main accused has

Patna High Court Cr.Misc. No.3151 of 2019(2) dt.24-01-2019 3/3 already been granted bail, this Court has no option but to grant regular bail to the petitioner herein.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance 1st, Patna in connection with Special Case No. 7A of 2012 arising out of Bhabhua P.S. Case No. 533 of 2011.

(Mohit Kumar Shah, J) ajay gupta/- U T