Raj Kishore Sahu v. The State Of Bihar Through The Vigilance Investigation Bureau, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33967 of 2017 Arising Out of PS.Case No. -36 Year- 2006 Thana -VIGILANCE District- PATNA ====================================================== RAJ KISHORE SAHU, son of late Jatahu Sahu, resident of villageBabhangama, P.S.- Naokoti, District- Begusarai .... .... Petitioner/s
Versus
The State of Bihar through the Vigilance Investigation Bureau, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Ramakant Sharma, LO, I/c Vigilance Mr. Rabindra Kumar, AC to LO, I/c Vigilance ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Special Case No.08 of 2006 arising out of Vigilance P.S. Case No.36 of 2006 instituted for the offence under Section(s) 420, 409, 465, 467, 471, 477-A, 120-B Indian Penal Code and Section 13(1)(C)(D) read with Section 13(2) of the Prevention of Corruption Act. It has been submitted on behalf of the petitioner that he was Accounts Clerk at the relevant time. Departmental proceeding was initiated against him in which he was exonerated. The alleged irregularities is said to have taken place in 1994-95, but investigation is still going on.
It has further been submitted that Technical Cell of the Vigilance Bureau have identified altogether 16 schemes, but
Patna High Court Cr.Misc. No.33967 of 2017 (2) dt.20-07-2017 2/3 the petitioner has been found to be involved in 8 schemes. He has passed the bills duly approved by the Executive Engineer which is a routine work. The petitioner has retired in 2016. It has further been submitted that one of the co-accused, Raj Nandan Singh, has already been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 10.05.2017 passed in Cr. Misc. No.14334 of 2017.
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 Special Case No.08 of 2006 arising out of Vigilance P.S. Case No.36 of 2006, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance II, Patna, 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 the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if
Patna High Court Cr.Misc. No.33967 of 2017 (2) dt.20-07-2017 3/3 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) JA/- U T