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Patna High CourtCR. MISC./45402/2017allowed

Rajnikant Kushwaha And ANR v. Vigilance Department Of Bihar, Patna

2017-11-09Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45402 of 2017 Arising Out of PS. Case No.-20 Year-2017 Thana- VIGILANCE District- Patna ======================================================

1. Rajnikant Kushwaha, S/o Late Ram Singhasan Prasad, R/o Mohallah+P.S.- Ara Nawada, Distt- Bhojpur, Ara (Bihar).

2. Sidheshwar Dwivedi, S/o Late Krishna Dwivedi, R/o Village+P.O.- Datiyana, P.S.- Bikram, Dist- Patna (Bihar). ... ... Petitioner/s

Versus

Vigilance Department of Bihar, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Kumar For the Opposite Party/s :

Mr. RAMAKANT SHARMA (L.O,I/C VIGI) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 09-11-2017 Heard learned counsels for the petitioners and the State. Petitioners apprehend arrest in connection with vigilance P.S. Case No. 20 of 2017 (Special Case No. 15 of 2017) registered for the offence punishable under sections 109, 409, 420, 467, 468, 471, 120B of the Indian Penal Code and sections 13(2) read with 13(1)(C)(D) of the Prevention of Corruption Act, 1988.

Learned counsel appearing for the petitioners submits that petitioners, who have retired as Assistant of the department of District Rural Development Authority, have not committed any crime. Petitioner no.1 has got profit of rupees two lakhs and odd from the ACP which he has already deposited through Cheque dated 20.10.2017. Copy of the cheque alongwith the

Patna High Court Cr.Misc. No.45402 of 2017(4) dt.09-11-2017 2/2 representation submitted by the petitioner has been annexed as Annexure-3 to the second supplementary affidavit. Petitioner no. 2 has not received any profit of ACP. Learned counsel further submits that their retiral dues have not been cleared as yet.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance I, Patna in connection with vigilance P.S. Case No. 20 of 2017 (Special Case No. 15 of 2017) subject to the conditions laid down under section 438(2) Cr.P.C. (Arvind Srivastava, J) mcv/- U T