Kamleshwar Prasad Pankaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79874 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- CHEWARA District- Sheikhpura ====================================================== KAMLESHWAR PRASAD PANKAJ Son of Late Budhan Prasad Resident of Village- Phulhara Bazar, P.S.- Raja Pakar, District- Vaishali (Hazipur). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

A.D.G Vigilance Investigating Bureau, Bihar, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s\\ :

Mr.Bipin Kumar, Advocate For the State :

Mr.Ajay Mishra, APP For Vigilance :

Mr. Rana Vikram Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the vigilance. The petitioner is apprehending his arrest in a case registered under Section 429, 467, 468, 471, 120(B) of the Indian Penal Code.

Allegation is that the accused persons including the petitioner were involved in criminal conspiracy and misappropriated the government money.

It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.79874 of 2019(6) dt.08-09-2020 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. There was no malafide intention on the part of the petitioner to help any of the candidates, who had applied for the post of panchayat teacher. At best, it can be an act of negligence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of eight weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sheikhpura in connection with Chewara P.S. case No.19 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T