Shiv Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81837 of 2019 In CRIMINAL MISCELLANEOUS No.25922 of 2019 Arising Out of PS. Case No.-515 Year-2017 Thana- GANDHIMAIDAN District- Patna ====================================================== Shiv Kumar Jha S/o Late Man Mohan Jha R/o village- Sumbha Deorhi, P.S.- Mahe Singhia, District- Samastipur, at presently residing R/o Mohalla- B-35, Nandan Home, Khajpura, P.S.- Hawai Adda, District- Patna ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Superintendent of Police Vigilance Govt. of Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar @ Alok Kr Shahi For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2020 Heard Mr. Sandeep Kumar, learned counsel for the petitioner and Mr. Arvind Kumar, learned counsel for the Vigilance.

The present application has been filed for modification of order dated 16.11.2019 passed in Cr. Misc. No. 25922 of 2019 to the extent that since the petitioner is ready to deposit Rs.25 lacs, he is permitted to withdraw the said amount from his retiral benefits, i.e. provident fund, gratuity, leave encashment etc. It is further submitted that the said deposit will not be considered as an acceptance of guilt by the petitioner. Learned counsel for the Vigilance submits that till date, the petitioner has not deposited the said amount. However,

Patna High Court CR. MISC. No.81837 of 2019(2) dt.22-01-2020 2/2 the said amount will not be released in favour of the petitioner. Considering the grounds taken in the modification application, the order dated 16.11.2019 passed in Cr. Misc. No. 25922 of 2019 is modified to the extent that the petitioner may be permitted to deposit the said amount within a period of three months from today after withdrawal of the said amount from his retiral benefits, i.e., provident fund, gratuity, leave encashment etc. However, the said deposit of money will not be treated as acceptance of his guilt and the same will be subject to the result of the trial.

Accordingly, the present modification application stands disposed of.

Let the order be transmitted to the Court of learned Special Judge, Vigilance 1st, Patna in connection with Special Case No. 349 of 2017, arising out of Gandhi Maidan P.S. Case No. 515 of 2017.

(Dinesh Kumar Singh, J) DKS/- U T