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Patna High CourtCR. MISC./40827/2018bail granted

Dr. Ravi Prakash Babloo v. The State Of Bihar, Through The Director Vigilance Investigation Bureau, Patna

2018-08-01Mr. Justice Sanjay Priya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40827 of 2018 Arising Out of PS. Case No.-60 Year-2017 Thana- VIGILANCE District- Patna ====================================================== Dr. Ravi Prakash Babloo Son of Late Om Prakash Sinha @ Om Prakash resident of Sughar Chapra, P.S. - Manjhi, District - Saran. ... ... Petitioner/s

Versus

The State of Bihar, through the Director Vigilance Investigation Bureau, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gyan Prakash For the Opposite Party/s :

Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Vigilance. Petitioner apprehends his arrest in Vigilance P.S. case no. 60 of 2017 instituted for the offence under Section(s) 420, 467, 468, 471, 166A, 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.

Learned counsel for the petitioner has submitted that petitioner has never participated in the illegalities committed by the Principal of the College, namely, Arjun Prasad Yadav with the connivance of the Dean Students Welfare and other authorities of the University. The petitioner has functioned as Incharge Registrar from 13.11.2014 to 26.11.2014 and

Patna High Court Cr.Misc. No.40827 of 2018(3) dt.01-08-2018 2/3 22.6.2015 to 8.10.2015. The learned counsel for the petitioner has further submitted that seat has been enhanced by then Dean, Student's welfare by letter dated 18.9.2012 vide Annexure-4 to this petition. It is further pointed out that other Registrar with similar allegation, namely, Anil Kumar, has already been granted anticipatory bail by this Court vide order dated 19.7. 2018 passed in Cr. Misc. no. 41652 of 2018. Learned counsel for the Vigilance has appeared and opposed the prayer for bail.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Spl. Case no. 28 of 2017, arising out of Vigilance P.S. case no. 60 of 2017, he shall 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 the Special Judge, Vigilance, North Bihar, Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by

Patna High Court Cr.Misc. No.40827 of 2018(3) dt.01-08-2018 3/3 the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T