Uday Singh v. The State Of Bihar Through Cabinet Vigilance, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17924 of 2018 Arising Out of PS. Case No.-515 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Uday Singh, S/o Vinod Singh, Resident of Mohalla- Hardia, Sector-A, Police Station- Rajauli, District- Nawada.

... ... Petitioner/s

Versus

1. The State of Bihar Through Cabinet Vigilance, Bihar.

2. The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Rama Kant Sharma(L.O, I/C Vig.) ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Gandhi Maidan PS Case No.515 of 2017, giving rise to Special Case No.349 of 2017 registered under Sections 467/468/471/409/420/120-B/34 of the Indian Penal Code as well as under Section 13(1)(c)(d) read with Section 13(2) of the Prevention of Corruption Act.

Allegation in brief is that Rs.14,36,91,509/- was misappropriated by accused persons including two officials of the P.H.E.D. Department in connivance with NGOs and out of the said amount, Rs.10 crores and odd amount was transferred into the account of the NGO being run by the petitioner and one Suman Singh. This money was allocated under the Lohiya Swachhata Yojna and Swachh Bharat Mission for construction of toilets by

Patna High Court Cr.Misc. No.17924 of 2018(8) dt.22-06-2018 2/2 the beneficiaries but the money was not given to the beneficiaries rather it was transferred to some NGOs and the entire money was siphoned of.

Learned counsel appearing on behalf of the petitioner submits that though the petitioner is one of the Presidents of the Aadi Shakti Sewa Sansthan but petitioner is only literate person and he could not understand the mischief played by Suman Singh, so he has been made accused in this case though he had no knowledge of the occurrence; whereas learned counsel appearing on behalf of the State submits that the two officials as well as the NGOs of the petitioner and Suman Singh conspired and Rs.10 crores and odd amount was transferred in the account of the NGO run by the petitioner and this petitioner thereafter by issuing cheque has withdrawn more than Rs.6 lakhs and thereafter by various transactions all Rs.10 crores and odd amount have been withdrawn from the account by the account holder. Having considered the spectrum of huge defalcation of money and evidence coming against the petitioner during investigation, the prayer of bail of the petitioner stands rejected. (Arun Kumar, J) S.KUMAR/- U T