Dr. Tapaswi Prasad Singh @Tapaswi Prasad Singh v. The State Of Bihar, Through Director General, Vigilance, Patna
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33220 of 2017 Arising Out of PS.Case No. -102 Year- 2016 Thana -VIGILANCE District- PATNA ======================================================
1. DR. TAPASWI PRASAD SINGH @ TAPASWI PRASAD SINGH, Son of Late Ganga Prasad Singh Resident of Village - Krishnadaspur P.S. Kahalgaon, Bodhchak, District Bhagalpur at Present R/o-Mohalla Dahiyawa Tola, Sona Sadan, Bypass Road, P.S. Mufassil, District Chapra, the then Registrar, Retired From Department of Physics J.P. University, Chapra.
.... .... Petitioner/s
Versus
1. The State of Bihar, Through Director General, Vigilance, Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Arun Kumar Singh, Advocate Mr. Jeetendra Narayan, Advocate For the Opposite Party/s : Mr. Ramakant Sharma (L.O.,Inc.,Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-08-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 420, 467, 468, 471, 472, 477A, 409, 120B of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.
The accusation against the petitioner is that while he was Registrar of Jai Prakash University, Chapra different amount of grants were received for the Sessions 2005-08, 2006-09 and
Patna High Court Cr.Misc. No.33220 of 2017 (2) dt.19-08-2017 2/3 2007-10 for distribution among the teaching and non-teaching staff of the college whose appointments were subsequently found illegal.
Submission of the learned counsel for the petitioner is that the petitioner was Registrar of that University from 06.12.2011 to 04.01.2013, that is much after the period of grant received by the University. He was not the sole authority to discharge and distribute the fund and considering the aforesaid fact another Coordinate Bench has granted anticipatory bail to the petitioner in connection with Vigilance Police Station Case No. 104 of 2016 on 27.07.2017 in Cr. Misc. No. 19786 of 2017. Learned counsel for the Vigilance does not dispute that for the same allegation of embezzlement four different cases were instituted.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance, North Bihar, Muzaffarpur/successor Court in connection with Spl. Case No. 44 of 2016 arising out of Vigilance
Patna High Court Cr.Misc. No.33220 of 2017 (2) dt.19-08-2017 3/3 Police Station Case No. 102 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan U T