Kedar Sah v. The State Of Bihar, Through The Deputy Superintendent Of Police, Vigilance Investigation Bureau, Pa

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20618 of 2018 Arising Out of PS.Case No. -20 Year- 2017 Thana -VIGILANCE District- PATNA ======================================================

1. Kedar Sah Son of late Dhaneshwar Sah Resident of Mohalla-Shivdih, P.S. Jamui, District Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar, Through The Deputy Superintendent of Police, Vigilance Investigation Bureau, Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pranav Kumar For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigilance) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Vigilance P.S.Case No.20 of 2017 dated 21.3.2017 , registered for offences punishable under Sections 109, 409, 420, 467, 471 and 120B of the Indian Penal Code and Section 13(2) read with 12 (iii) C.D. of the Corruption Prevention Act, 1988.

Allegation against the petitioner is of excess withdrawal of ACP amounting to Rs.3,95,707/- Submission of the learned counsel for the petitioner is that now he has deposited the amount, which will appear from Annexure-2 of the petition, in pursuance of letter of the D.D.C. and another co-accused has been given benefit of anticipatory bail, vide order dated 9.11.2017 passed in Cr. Misc. No.45402 of 2017. Heard learned A.P.P. and the learned counsel for the

Patna High Court Cr.Misc. No.20618 of 2018 (2) dt.26-04-2018 2/2 Vigilance also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, surrender before the court below within a period of four weeks from the date of receipt of the order and on his surrender he will be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance Ist Patna in connection with Vigilance Case No.20 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the inquiry by the vigilance, otherwise, the prosecution is free to move for cancellation of his bail bond.

With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T