Chandeshwar Rai v. Superintendent Of Police Vigilance

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53794 of 2016 Arising Out of PS.Case No. -29 Year- 2015 Thana -VIGILANCE District- PATNA ====================================================== Chandeshwar Rai son of late Jageshwar Rai, .... .... Petitioner/s

Versus

Superintendent of Police Vigilance .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar, Advocate For the Opposite Party/s : Mr. Ramakant Sharma(L.O.,I/C VIG.) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and learned counsel for the Vigilance.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420/409/467/468/471A/120B of the Indian Penal Code and Section 3(1)(D) of the P.C. Act.

The petitioner is a government servant and was working as Panchayat Secretary. Allegation is that he did not submit the papers of the appointment of Anganwari Sevika to the competent authority.

Submission is that petitioner joined subsequently; hence, he was not responsible for the same. Moreover, the act alleged at best can be levelled of insubordination of a government servant and not a criminal act.

Patna High Court Cr.Misc. No.53794 of 2016 (2) dt.14-12-2016 2/2 Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur/Successor Court in connection with Special Case No.12 of 2015, arising out of Vigilance P.S. Case No.029 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Birendra Kumar, J) Mkr./- U T