Bijay Pratap Kumar @ Prof. Bijay Pratap Kumar @ Vijay Pratap Kumar v. The State Of Bihar Through Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38392 of 2017 Arising Out of PS.Case No. -103 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Bijay Pratap Kumar @ Prof. Bijay Pratap Kumar @ Vijay Pratap Kumar Son of Late Shivnath Kumar Resident of Prabhunath Nagar, P.S. - Muffasil Chapra, District - Saran.

.... .... Petitioner

Versus

The State of Bihar through Vigilance.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Special Case No. 45 of 2016, arising out of Vigilance P.S. Case No. 103 of 2016 registered for the offences punishable under Sections 420, 467, 468, 471, 472, 477A, 409, 120B of the Indian Penal Code and 13(2) read with Section 13((1)(d) of Prevention of Corruption Act.

Allegation as per FIR is with respect to distribution of grant of aid to the teaching and non-teaching employees of the colleges and allegation is of showing more strength. It has been submitted on behalf of the petitioner that later on posts were sanctioned and on that ground Principal of the college has been granted privilege of anticipatory bail in

Patna High Court Cr.Misc. No.38392 of 2017 (2) dt.21-08-2017 2/3 Cr.Misc.No. 11580 of 2017, vide order dated 11.7.2017. Heard learned counsel for the Vigilance Department, who could not controvert the above submission of learned counsel for the petitioner.

Having heard both sides and in view of facts and circumstances, let the petitioner, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No. 45 of 2016, arising out of Vigilance P.S. Case No. 103 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner shall co-operate in the investigation and make himself available before the police as and when required and

Patna High Court Cr.Misc. No.38392 of 2017 (2) dt.21-08-2017 3/3 in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds, (iii) Petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U