Shardendu Bhushan v. The Special Vigilence Unit, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66745 of 2025 Arising Out of PS. Case No.-1 Year-2015 Thana- VIGILANCE District- Patna ====================================================== Shardendu Bhushan S/O Sri Sheo Jee Singh Resident of E/3, Phase II, Ashiana Nagar, Police Station- Rajiv Nagar, Dist.- Patna ... ... Petitioner/s

Versus

The Special Vigilance Unit, Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Subodh Jha, Adv Mr.Niranjan Kumar, Adv For the SUV :

Mr. Rana Vikram Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025 1.

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Special Vigilance Unit, Patna.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988. 3.

Learned counsel appearing on behalf of the petitioner submits that in sum and substance, the informant alleges that petitioner being a government servant amassed wealth disproportionate to his known sources of income. It is further submitted that the FIR was instituted in the year 2015 and the petitioner during the course of investigation was given notice under Section 41A Cr.P.C and petitioner cooperated with

2/4 the Vigilance in the investigation and the Vigilance never felt the need of arresting the petitioner. It is next submitted that thereafter the Vigilance submitted charge-sheet connecting the petitioner with the offence in the year 2019 based on which cognizance also came to be taken against the petitioner in the year 2019 itself, against which petitioner filed Cr. Misc. No. 71418 of 2021 assailing the order of cognizance before this Court which is still pending adjudication. It is also submitted that prior to cognizance being taken the service of the petitioner based on the FIR was terminated by an order dated 20.11.2018 which was assailed by the petitioner before this Court by filing C.W.J.C. No. 12763 of 2018 and the order of termination was set aside by an order dated 07.10.

2024 and the matter was remanded back to the authorities for concluding the proceeding from a particular stage within a period of six months against which the State of Bihar preferred L.P.A. No. 186 of 2025 but then the same also came to be dismissed by an order dated 14.05.2025 directing the authorities to conclude the proceeding within a time frame. It is further submitted that since the order of the Writ Court was not complied, as such, the petitioner has also filed a contempt application which is pending adjudicating before this Court.

3/4 been taken, as such, the petitioner has apprehension of arrest but then petitioner was not sitting idle rather had moved before this Court assailing the order of cognizance which is still pending adjudication. It is also submitted that no doubt service of the petitioner was terminated but then order of termination was set aside and the matter was remanded back. It is submitted that even the Vigilance during the course of investigation never made any endeavour to arrest the petitioner and the petitioner cooperated in the investigation, as such, it is submitted that when the Vigilance never felt the need of arresting the petitioner during the course of investigation whether it would be prudent for this Court to send the petitioner to jail. 4.

Learned counsel appearing on behalf of the Special Vigilance Unit, Patna also fairly submits that petitioner cooperated during the course of investigation and Vigilance never felt the need of arresting the petitioner. 5.

Considering the submissions made by the learned counsel for the petitioner, let the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

4/4 each to the satisfaction of the learned trial court where the case is pending/Successor Court in connection with Special Case No. 33 of 2015 arising out of S.V.U. Case No. 01 of 2015, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Sumit/- U T