Srinarayan Vigyan Prabhakar Vs the State of Jharkhand through a C B (Vigilance)

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A. B. A. No. 8682 of 2023

Srinarayan Vigyan Prabhakar, aged about 64 years, son of late Yogendra Kumar Verma @ Y.K. Verma, resident of Brijnandan Apartment, Flat No. 104, Matwari, P.O. and P.S.-Sadar, District-Hazaribagh

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...... … Petitioner

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Versus

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The Union of India through A.C.B. (Vigilance)

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.…. … Opposite Party

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI For the Petitioner :Mr. R.S. Mazumdar, Sr. Advocate Mr. Nishant Roy, Advocate For the A.C.B. :Mrs. Priya Shrestha, Spl. P.P.

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17/ 16.08.2024 : Heard Mr. R.S. Mazumdar, learned senior counsel for the petitioner and Mrs. Priya Shrestha, learned counsel for the A.C.B.

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The petitioner is apprehending his arrest in connection with A.C.B Dhanbad P.S. Case No. 09 of 2022 Special (Vigilance) Case No. 09 of 2022 registered under Sections 406, 409, 420, 467, 468, 471, 477A and 120B of the I.P.C., under Section 13(2) (1)(a) of Prevention of Corruption Act, 1988, pending in the Court of learned Additional Sessions Judge-X-cum-Special Judge, ACB, Dhanbad.

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Mr. R.S. Mazumdar, learned senior counsel for the petitioner submits that petitioner took charge of District Land Acquisition Officer as per Government’s order on 13.12.2014 from the then Land Acquisition Officer namely, Uday Kant Pathak and remained there till 22.06.2016 on which date he handed over the charge of District Land Acquisition Officer to Mr. Mahesh Santhalia. He further submits that the process of land acquisition of 8.65 acres of land for extension of ISM Campus was already started vide Government’s letter dated 09.08.2012 and the then Land Acquisition Officers have taken steps and all the process acquisition of land was started. By way drawing the attention of the Court to the contents of F.I.R. he submits that even payment was made by 07.04.2014 whereas the petitioner has joined on the post on 13.11.2014. He further submits that the petitioner has only handed over the land in question to the I.S.M, Dhanbad. On these grounds, he submits that the petitioner may kindly be provided privilege of anticipatory bail.

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Mrs. Priya Shrestha, learned counsel for the A.C.B. opposes the prayer on the ground that even the legal heirs and successors of the deceased persons whom land have been acquired, have not been paid amount and amount has been paid to other persons in view of that prayer for anticipatory bail may kindly be rejected.

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Considering that the petitioner has joined on 13.11.2014 whereas the compensation was already paid by 07.04.2014 that has come in the F.I.R in tabular chart and only allegation is that the petitioner has handed over the land to ISM, Dhanbad which is Government Institution, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner above named, is directed to surrender before the learned court within three weeks from today and in the event of his surrender / arrest, the petitioner shall be released on bail, on furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each, to the satisfaction of learned Additional Sessions Judge-X-cum-Special Judge, ACB, Dhanbad, in connection with A.C.B Dhanbad P.S. Case No. 09 of 2022 Special (Vigilance) Case No. 09 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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( Sanjay Kumar Dwivedi, J.)

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satyarthi-

Srinarayan Vigyan Prabhakar v. the State of Jharkhand through a C B (Vigilance)

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Srinarayan Vigyan Prabhakar v. the State of Jharkhand through a C B (Vigilance)

Case brief

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