IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25923 of 2009
DR. VIKASH KUMAR
Versus
THE STATE OF BIHAR
--with--
Cr.Misc. No.22663 of 2009
DR. SACHCHIDANAND SHARMA
Versus
STATE OF BIHAR
--with--
Cr.Misc. No.43571 of 2009
1. OM PRAKASH TIWARY
2. Santosh Kumar Rai
3. Prof. P.N. Singh
Versus
The STATE OF BIHAR THRUGH VIGILANCE
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9/ 20.07.2010 Heard learned counsel for the petitioners and learned
counsel for the State.
Prof. Vikash Kumar, Om Prakash Tiwary, Santosh
Kumar Rai and Prof. P. N. Singh are Reader, Principal, Lecturer and
Professor of B.H.U. respectively, who were entrusted to evaluate
copies. Of them petitioner Dr. Vikash Kumar is denying his
signature over copies but his remaining in confidence of Prof. P.N.
Singh under whom he was allowed P.Hd. is admitted. Investigating
Agency found wrong committed by the team while evaluating the
copies. For petitioner, Dr. Sachchidanand Sharma, Additional
Director-cum-Controller in Health Department, Examination, it is
said that in conspiracy he sent all these copies to B.H.U. Varanasi
specifically to Prof. P.N. Singh. What mistake has been committed
in course of evaluation that some of the copies having song or other
messages in answer have been given qualifying marks is serious
may never be ignored but Dr. Sachchidanand Sharma was in
conspiracy to give more marks evidence for that is lacking.
2
Considering the above discussed facts and
circumstances, prayer of the petitioner, Dr. Sachchidanand Sharma
is allowed and at the same time, prayer of rest of the petitioners for
grant of anticipatory bail is rejected. However, they will have an
option to surrender before the Court below and pray for regular bail
which shall be decided on merit without being prejudiced by the
rejection order.
In the event of arrest or surrender within one month
from the date of receipt/production of a copy of this order in
connection with Vigilance Case No. 49 of 2009 giving rise to
Special Case No. 41 of 2009, above named petitioner namely, Dr.
Sachchidanand Sharma in Cr. Misc. No. 22663 of 2009 shall 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 Special Judge-I, Vigilance, Patna subject to the
conditions as laid down under Section 438(2) of Cr. P.C.
shail (Mandhata Singh, J.)