Dr. Ravi Prakash Babloo v. The State Of Bihar Through Director, Vigilance, Investigation Bureau, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15978 of 2018 Arising Out of PS.Case No. -104 Year- 2016 Thana -C.B.I CASE District- MUZAFFARPUR ======================================================
1. Dr. Ravi Prakash Babloo S/o Late Om Prakash @ Late Om Prakash Singh, R/o Sughar Chapra, P.S.- Manjhi, District- Saran (Chapra). .... .... Petitioner/s
Versus
1. The State of Bihar Through 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.Vigi.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 06-04-2018 Heard the learned counsels for the parties.
The petitioner seeks bail in anticipation of his arrest in connection with Vigilance P.S. Case No. 104/2016 dated 07.10.2016 instituted for the offences under Sections 420, 467, 468, 471, 472, 477(A) and 409/120B of the Indian Penal Code read with Sections 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988. During the hearing of C.W.J.C. No. 1593 of 2016 by a Bench of this Court, a direction was given for enquiry into the allegations with respect to irregularities in the distribution of grantsin-aid to the Colleges of J.P. University, Chapra. Pursuant to the aforesaid directions passed in the aforesaid C.W.J.C. No. 1593 of 2016, an enquiry was conducted by Cabinet Vigilance Bureau and during the enquiry it was found that there was some irregularities in
Patna High Court Cr.Misc. No.15978 of 2018 (2) dt.06-04-2018 2/3 distributing the grants-in-aid to Mahendra Das Degree College, Mathia, Nechua Jalalpur, Gopalganj. The responsibility, in the enquiry, was fixed on various functionaries of the College and the University.
The petitioner is sought to be prosecuted in the aforesaid case on the ground that he, for some time, was Registrar of the J.P. University.
The learned counsel for the petitioner has submitted that the transfer of the amount of grant-in-aid to any College is governed by the rules in that regard which takes into account the number of teaching and non-teaching staff of a college concerned. If at all there were any irregularities in sending the names of the teaching and non-teaching staff of a particular college, the responsibility squarely lay on the administration of the College and the persons who are responsible for sending such information to the University for the disbursement of the grant-in-aid. The petitioner, it has been submitted, was only the Incharge Registrar for a period spanning from 22.05.2015 to 08.12.2015. There is nothing, it has been argued, in the entire investigation/enquiry report about the petitioner having played any role in either wrong disbursal of grant-in-aid or misappropriation of the amount so disbursed.
The learned counsel for the petitioner has further
Patna High Court Cr.Misc. No.15978 of 2018 (2) dt.06-04-2018 3/3 submitted that almost all the stake holders in the act of disbursement and distribution of grant-in-aid have been granted bail by different Benches of this Court, some of which orders have been brought on record.
Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 104/2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J.) Rakhi U T