Bijendra Paswan And ANR v. The State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2533 of 2019 Arising Out of PS. Case No.-4 Year-2014 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ======================================================
1. Bijendra Paswan and Anr late Lalji Paswan R/O Vill- Rupaspur, PSRupaspur, Distt.- Patna.
2. Ashok Prasad Durga Ram Mandal R/O Vill- Baisa, PS- Parbatta, Distt.- Khagaria, ... ... Petitioner/s
Versus
1. The State Of Bihar and Anr Bihar
2. State of Bihar through S.P. Economic Offence Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amresh Kumar Sinha, Advocate For the E.O.U. : Mr. N.P.Sinha, Sri Advocate Mrs. Soni Srivastava, Advocate For the State : Mr. Randhir Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-02-2019 Heard the parties.
The petitioners seek anticipatory bail in connection with Special Case No. 14 of 2014 arising out of Economic Offence P.S.Case No. 04 of 2014 registered for the offence under Sections 13 (2) read with 13 (i) (e) of P.C.Act. Allegation against the petitioners is that by opting corrupt practices, one Kanhaiya Kumar being Assistant Director, Information and Public Consult Department, Bihar, Patna earned disproportionate assets to his known sources of income to the tune of Rs. 1,19,96,650 and deposited the same in the account of his wife since his joining up to December, 2013.
Patna High Court Cr.Misc. No.2533 of 2019(4) dt.05-02-2019 2/3 Submission of the learned counsel for the petitioners is that the petitioners have falsely been implicated, as they worked as peon in the same department under co-accused Kanhaiya Kumar and from F.I.R., it appears that petitioners are not named in the FIR. It is further submitted that they helped to co-accused to keep the huge amount legally and the petitioners have no criminal antecedents and the other co-accused person has been granted privilege of anticipatory bail by a Coordinate Bench of this Court vide order dated 26.6.2018 passed in Cr. Misc. No. 23724 of 2018.
Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named, in the event of his arrest or surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each in connection with Special Case No. 14 of 2014 arising out of Economic Offence P.S.Case No. 04 of 2014, to the satisfaction of learned Special Judge, Vigilance 1st, Patna, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the
Patna High Court Cr.Misc. No.2533 of 2019(4) dt.05-02-2019 3/3 jurisdiction of the concerned court and cooperate in the investigation.
sudha/- (Vinod Kumar Sinha, J) U T