Tarkeshwar Kuamr @ T.P. @ Tapeshwar v. The State Of Bihar Through The Department Of Vigilance Bihar, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25288 of 2018 Arising Out of PS. Case No.-515 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Tarkeshwar Kumar @ T.P. @ Tapeshwar, S/o Ramlochan Prasad, resident of Village- Navratanpur, P.S. Khagaul, District Patna. ... ... Petitioner/s
Versus
The State of Bihar Through The Department of Vigilance Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Kumar For the Opposite Party/s :
Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 31-07-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Spl. Case No. 349 of 2017 arising out of Gandhi Maidan P.S.Case No. 515 of 2017 registered under Sections 409, 467,468,471 and 120B/34 of the Indian Penal Code and 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act.
Allegation in brief is that it transpired against the petitioner during investigation that, though he is not named in the FIR, being a Data Entry Operator in the Public Health Engineering Department, in connivance with the principal accused Biteshwar Prasad Singh, prepared a CD showing the
Patna High Court Cr.Misc. No.25288 of 2018(5) dt.31-07-2018 2/3 names of false beneficiaries of the Scheme and an amount of Rs. 4,93,000/- was transferred into the account of his father. Submission is that the petitioner is not involved in transmitting the aforesaid amount and he is ready to return back the said amount in four installments.
Whereas learned counsel appearing on behalf of the State submits that this petitioner was also involved in preparing false C.D.
Considering the fact that petitioner being a Data Entry Operator on contractual basis and also ready to return back the amount of Rs. 4,93,000/- transmitted in his father's account in four equal installments so the petitioner, namely , Tarkeshwar Kumar @ T.P. @ Tapeshwar, is directed to be released on bail upon furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance 1st, Patna in connection with Spl. Case No. 349 of 2017 arising out of Gandhi Maidan P.S. Case No. 515 of 2017 with condition that he will deposit a bank draft of Rs. 1,23,250/- in favour of the P.H.E.D. Department at the time of furnishing bail bond and the rest three installments in three succeeding months respectively. If he becomes defaulter in making payment of any of the installments then the bail bond
Patna High Court Cr.Misc. No.25288 of 2018(5) dt.31-07-2018 3/3 shall be cancelled. The amount so deposited shall be the subject of the result of the trial.
(Arun Kumar, J) sujit/- U T