Ram Sundar Chaudhary v. The State Of Bihar Through Vigilance Investigation Bureau Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25808 of 2017 Arising Out of PS.Case No. -107 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Ram Sundar Chaudhary, Son of Late Sitaram Chaudhary, Resident of Village- Mohahidpur, P.S.-Siwan Muffasil, O.P.-Dhanawati, District-Siwan .... .... Petitioner

Versus

The State of Bihar Through Vigilance Investigation Bureau Patna .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar Pandey For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-07-2017 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the Vigilance Investigation Bureau, Patna.

The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 107 of 2016 and Special Case No. 49 of 2016 registered under Sections 420,467, 468, 471, 472, 477(A), 409 and 120-B of the Indian Penal Code and Section 13(2) and 13(1) of the Prevention of Corruption Act.

The accusation is that petitioner being the Principal of Daroga Prasad Rai Degree College, Siwan affiliated with J.P. University, Chhapra distributed the grant allotted to the college to the teaching and non-teaching staffs. In verification, it was found that 19 non-teaching and 4 teaching staffs, who were not appointed in accordance with law, were also given grant aid.

Patna High Court Cr.Misc. No.25808 of 2017 (2) dt.14-07-2017 2/2 Learned counsel for the petitioner submits that on 27.09.2008 J.P. University was pleased to sanction 85 posts and 83 non-teaching staff vide letter No. 596/R, dated 27.09.2008, later on Letter No. V.K.S.U/utti/34/11-389, dated 02.02.2012 issued by the Joint Secretary, Education Department was also received about disbursing the grant to the teaching and non-teaching staff appointed after 28.03.2008 for Session 2009. Moreover, there is no allegation of misappropriation of grant in aid allotted to the college for distributing the same in teaching and non-teaching staff.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 107 of 2016 Special Case No. 49 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T