Kishore Kumar Pandey v. The State Of Bihar Through Vigilance Investigation Bureau, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 18830 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Kishore Kumar Pandey, Son of Late Chandrama Pandey, Resident of village - Supauli, P.S. Pachrukhi, District - Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Arun Kumar Pandey, Advocate For the S t a t e : Mr Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HON'BLE MR JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-04-2017 Heard both sides.

The petitioner seeks bail in Vigilance Police Station Case No 106 of 2016 corresponding to Special Case No 48 of 2016 registered under Sections 420, 109, 467, 468, 471, 472, 477A, 409, 120B of Indian Penal Code and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act. The informant alleged that enquiry was made in pursuance to the order passed by this Court in CWJC No 1593 of 2016 and it is found that the petitioner being the Principal of Mazrul Haque Degree College, Tarwara, Siwan made payment to all the Teachers and non-Teaching Staff including four Teachers, who are said to have been appointed on non-sanctioned post. It is submitted that Rs 8,000/- each was paid to four Teachers who are

Patna High Court Cr.Misc. No.18830 of 2017 (2) dt.27-04-2017 2/2 said to have been working on non-sanctioned post. For that, the petitioner is in jail custody since 05.03.2017. On the other hand, the learned counsel for the Vigilance submitted that it is a case of misappropriation or defalcation of Rs 1,23,900/- out of which Rs 32,000/- was paid to such four Teachers who were appointed on non-sanctioned post. Considering the facts that only Rs 32,000/- was paid to such Teachers, who were working on non-sanctioned post, and for that, the petitioner is in jail since 05.03.2017, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, North Bihar, Muzaffarpur in Vigilance Police Station Case No 106 of 2016.

(Prabhat Kumar Jha, J) M.E.H./- U T