In a bail application regarding allegations of irregularities in cement purchase under the PC Act and IPC, the High Court released the petitioner on bail upon furnishing security bonds.
Petitioner released on bail by furnishing ₹10,000 bond with two sureties of like amount to the satisfaction of the Special Judge.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47575 of 2019
Arising Out of PS. Case No.-115 Year-2009 Thana- VIGILANCE District- Patna
======================================================
Chandra Shekhar Prasad Son of Late Baldeo Mahto Resident of VillageKhusahal Chak, P.S.-Darbe Bahadur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar through the Vigilance, Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anita Kumari For the Opposite Party/s : Mr.Anjani Kumar (L.O. Inc. VIG.) ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
3 19-08-2019
Counter affidavit is filed on behalf of the State. The same be kept on record.
Heard learned counsel for the petitioner and the Vigilance.
The petitioner seeks bail in a case registered under Sections 120(B), 420, 467, 468, 471, 477A, 109 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) and 15 of Prevention of Corruption Act, 1988.
Allegedly, in the purchase of cement for construction of Indira Awas, irregularities were made by the accused persons.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 19-06-2019. Charge sheet has already been submitted. The petitioner has been falsely implicated in the present case for the oblique reasons. Allegation is that for procurement of
Patna High Court CR. MISC. No.47575 of 2019(3) dt.19-08-2019 2/2
cement, procedure was not adopted by the Purchase Committee. The Purchase Committee of the district was chaired by the District Magistrate. The petitioner being the Deputy Collector, was one of the members of the said Committee. Neither any departmental proceeding was ever initiated against the petitioner nor he was put under suspension. The conduct on the part of the State itself shows that it is a mala fide prosecution for oblique reasons. The other coaccused with similar allegation have been granted bail vide Annexxures-P-2 & P-3 of the present application.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-Ist, Patna in connection with Special Case No. 42 of 2009 arising out of Vigilance P.S. Case No. 115 of 2009.
A.K.V.//-
(Sudhir Singh, J)
1 issue framed by the court
Whether the petitioner should be granted bail in a corruption and cheating case pending before the Special Judge, Vigilance.
2 provisions across 2 enactments
Chandra Shekhar Prasad
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
