Anant Singh @ Anant Kumar v. The State Of Bihar Through Vigilance, Patna

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33663 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- VIGILANCE District- Patna ====================================================== Anant Singh @ Anant Kumar, S/o Late Sakaldeep Singh, R/o Vill. + P.O.- Karajan, P.S.- Athamalgola, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar Through Vigilance, Patna.

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

For the Petitioner/s :

Mr. Pratap Sharma, Advocate For the Opposite Party/s :

Mr. Ramakant Sharma, (L.O.,INC.,VIGILANCE) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Patna Vigilance P.S. Case No. 77 of 2017, in Special Case No. 340 of 2017 instituted for the offence under Sections 467, 468, 471, 472, 477A,420,120(B),201 of the IPC and Sections 13(2), 13(1)(D) of the P.C. Act, 1988.

Learned counsel for the petitioner submits that the alleged occurrence is of the year 2010. The petitioner joined as Block Extension Education Officer, Akbarpur(Nawada) from 18.10.2012 to 18.12.2012. In the written report, it is alleged that irregularity has been committed in the appointment of Prakhand Teacher made in the year 2009-10 in Akbarpur (Nawada). Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.33663 of 2018(3) dt.24-08-2018 2/3 petitioner is not named in the written report. The name of this petitioner has surfaced in the charge-sheet submitted against the petitioner on 12.03.2018 only because he was posted at the place of occurrence. The certificate issued in this regard has been annexed as Annexure-2 which shows that petitioner was posted in Akbarpur for the period 18.10.2012 to 18.12.2012 as Block Extension Education Officer.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Patna Vigilance P.S. Case No. 77 of 2017, in Special Case No. 340 of 2017 to the satisfaction of learned Special Judge Vigilance-1st, Patna, subject to condition as laid down u/S 438 (2) of the Cr. P.C. with further conditions (1) (bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every dated fixed by the court and absence on two consecutive

Patna High Court Cr.Misc. No.33663 of 2018(3) dt.24-08-2018 3/3 dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) khushbu/- U T