Mohan Thakur v. The State Through Economic Offences Unit
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58061 of 2018 Arising Out of PS.Case No. -4 Year- 2014 Thana -ECONOMIC OFFENCES, BIHAR DistrictPATNA ====================================================== Mohan Thakur, S/o Late Pratap Thakur, R/o Dangwar, P.S.- Hussainabad, District- Palamu, Jharkhand. .... .... Petitioner.
Versus
The State through Economic offences Unit. .... .... Opposite Party. ====================================================== Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate Mr. Saket Tiwary, Advocate Mr. Saket Gupta, Advocate For the EOU : Mrs. Soni Srivastava, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 20-09-2018 Heard learned counsel for the petitioner and learned counsel for Economic Offence Unit.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act. The prosecution case got initiated with the report of Officer-in-Charge of Economic Offence P.S., Patna to the effect that co-accused Kanhaiya Kumar being Assistant Director, Information and Public Information Officer is having disproportionate assets to his known sources of income, concerning which his income has been calculated during check period between 30.02.2002 to 31.12.2013 to the tune of Rs.1,19,96,650/-. It is alleged against the petitioner and coaccused Navneet Kumar that they gave cheque of Rs.2,50,000/-
Patna High Court Cr.Misc. No.58061 of 2018 (2) dt.20-09-2018 2/3 each to Kanhaiya Kumar on receiving cash from him whereas co-accused Dhananjay Kumar gave cheque of Rs.6,75,000/- to him.
It is submitted by learned counsel for the petitioner that, in fact, the petitioner is Assistant in the office of Kanhaiya Kumar and the petitioner was not aware about the disproportionate assets of Kanhaiya Kumar. Moreover, the petitioner is not named in the First Information Report, disproportionate assets case has not been lodged against him. Considering the issue involved and thrust of accusation against Kanhaiya Kumar a similarly situated co-accused Dhananjay Kumar has been granted anticipatory bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 23724 of 2018. Mrs.
Soni Srivastava, learned counsel appearing for the Economic Offence Unit submits that the petitioner being the Assistant in the office of Kanhaiya Kumar against whom disproportionate assets case has been lodged, hence, he is also involved in the offence committed by Kanhaiya Kumar.
Patna High Court Cr.Misc. No.58061 of 2018 (2) dt.20-09-2018 3/3 before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Vigilance Court 1st, Patna in connection with Economic Offence Unit Case No. 04 of 2014 (Special Case No. 14 of 2014), subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T