IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31137 of 2011
Awadh Sharan Singh, Son of late Ram Janam Singh,
Resident of Village Koshdihra, P.S. Goh, District
Aurangabad.
-------Petitioner
Versus
The State Of Bihar Through The Vigilance Department.
-----Opposite Party
-----------------
03/- 22/11/2011 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State (Vigilance).
The petitioner apprehending his arrest in connection
with a case registered for the offence punishable under Sections
409, 420, 467, 468, 471, 477, 511, 120(B) of the Indian Penal
Code read with Section 13(1) (d) Prevention & Corruption Act,
is named accused in this case being Engineer-In-Chief at
relevant time with allegation of committing some irregularity
and illegality in due execution of different schemes causing
defalcation of huge amount.
Submission is that the works done were verified
much after flowing of rains several years causing difficulty in
actual assessment, in fact no wrong was committed. Moreover,
petitioner has already retired for last about eleven years and
some of the co-accused have already been granted the privilege
by different Benches of this Court vide composite order dated
11.03.2011 passed in Cr. Misc. Nos. 3415/2011, 6833/2011 and
6434/2011 and another order dated 06.01.2011 passed in Cr.
Misc. No. 36967/2010.
Considering the facts and circumstances of the case,
in the event of his arrest/surrender before the court below within
four weeks, let the above named petitioner be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with
two sureties of the like amount each to the satisfaction of
learned Special Judge, Vigilance – 2, Patna, in connection with
Patna Vigilance Case No. 050 of 2010 in Special Case No. 18 of
2010, subject to condition laid down under Section 438 (2) of
the Code of Criminal Procedure with additional condition to
remain physically present before the court below till disposal of
the case, in case of failure on two consecutive dates without
giving any reasonable explanation, the liberty granted shall be
deemed to be cancelled.
( Akhilesh Chandra, J.)
Praveen/-
