Sone Lal Sahni v. The State Of Bihar

Patna High Court Cr.Misc. No.19681 of 2017 (4) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19681 of 2017 Arising Out of PS.Case No. -101 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ====================================================== Sone Lal Sahni, Son of Late Dahaur Sahani, Resident of Bahadurpur Housing Colony, P.S. Agamkuan, Town & District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Vigilance Investigation Bureau, Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Roy Shivaji Nath, Sr. Advocate. Mr. Chandan Jha, Advocate.

For the Vigilance : Mr. Rama Kant Sharma, Special PP(Vig) Mr. Rabindra Kumar, AC to Vigilance.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Case No. 43 of 2016 arising out of Vigilance P.S. Case No. 101 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) read with Section 13(1)(d) of the P.C. Act. The accusation is that petitioner being the Finance Officer of Jaiprakash University, Chapra, released the fund of Rs. 1,77,38,100/- for the financial year 2005-08, Rs.50,00,000/- for the financial year 2006-09 for distributing amongst the teaching and non-teaching staffs of the Dewraha Baba Shridhar Das Degree College, Rampur, Garkha, Saran but fund was also distributed to

Patna High Court Cr.Misc. No.19681 of 2017 (4) dt.27-07-2017 some of the teaching and non-teaching staffs who were not legally appointed.

Learned counsel for the petitioner submits that petitioner being the finance officer of J.P. University sent the aforesaid amount as grant as detailed in the F.I.R. to Dewraha Baba Shridhar Das Degree College, Rampur, Garkha, Saran for distribution among the teaching and non-teaching staffs but he has no concerned about the illegality committed by the Principal and the Secretary of the college in distributing the fund to the teaching and non-teaching staffs, who were legally appointed. Further submission is that petitioner has no criminal antecedent. Considering the aforesaid submissions, 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 six 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 Special Case No. 43 of 2016 arising out of Vigilance P.S. Case No. 101 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.