Sadan Lal Jamadar v. The State Of Bihar Through Dy. S.P. Cum Inspector Of Police, Vigilance Investigation Department, Pa
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37260 of 2018 Arising Out of PS. Case No.-77 Year-2017 Thana- VIGILANCE District- Patna ====================================================== Sadan Lal Jamadar S/o Late Rajendra Prasad, R/o Vill./Mohallah- Shivpuri, B.M.P. 7, Katihar, P.O.- Katihar, P.S.- Katihar, District- Katihar (Bihar). ... ... Petitioner/s
Versus
The State of Bihar Through Dy. S.p. Cum Inspector of Police, Vigilance Investigation Department, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raju Giri Mr. Santosh Kumar Mishra For the Opposite Party/s :
Mr. Arvind Kumar (L.O.,I/C. Vigi) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2018 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Special Case No. 340 of 2017 arising out of Vigilance Police Station Case No. 77 of 2017 disclosing offences under Section 420, 467, 468, 471, 472, 477(A)/120(B) of the Indian Penal Code Sections 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988.
The First Information Report has been registered with the allegation of criminal misconduct in preparation of selection list for appointment to the post of Prakhand Teachers of Akbarpur Prakhand in the district of Nawadah. The alleged selection list was prepared on 20.12.2010. The petitioner has
Patna High Court Cr.Misc. No.37260 of 2018(4) dt.20-09-2018 2/3 been implicated in this case because according to the case of prosecution, he was posted as Block Development Officer of the said Block. It is the specific case of the petitioner that he was not posted as Block Development Officer in 2010 and he was transferred from the said post in 2009 itself. It has also been submitted on behalf of the petitioner that since the petitioner is a Government servant, there is no chances of his absconsion from the course of investigation and trial. My attention has been drawn to certain orders passed by this Court, whereby coaccused persons have been granted anticipatory bail. Considering the nature of accusation and submissions advanced on behalf of the petitioner, this application is allowed.
Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance-I, Patna in Special Case No. 340 of 2017 arising out of Vigilance Police Station Case No. 77 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Patna High Court Cr.Misc. No.37260 of 2018(4) dt.20-09-2018 3/3 and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) Pawan/Ragini U