Sudhir Kumar @ Sudhir Prasad vs The State Of Bihar Through Vig on 11 March, 2011

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.3415 of 2011
                           SUDHIR KUMAR @ SUDHIR PRASAD
                                             Versus
                          THE STATE OF BIHAR THROUGH VIG
                                               with
                                 Cr.Misc. No.6833 of 2011
              TRILOKESHWAR PRASAD @ MILOKESHWAR PRASAD & ANR.
                                             Versus
                          THE STATE OF BIHAR THROUGH VIG
                                               with
                                 Cr.Misc. No.6434 of 2011
                               TRIBHUWAN PRASAD SINHA
                                             Versus
                          THE STATE OF BIHAR THROUGH VIG
                                           -----------

2. 11.03.2011. Heard learned counsels for the

petitioners and the State.

The petitioners are apprehending

their arrest in a case registered under

Sections 409, 420, 467, 468, 471, 477,

511, 120B of the Indian Penal Code,

Section 13(2) read with Section 13(1)(d)

of the Prevention of Corruption Act.

It is submitted by the learned

counsel for the petitioners that though

the accusation has been levelled for

defalcation of Rs.65,85,864/-in repair

work of the Road Bridge but the

petitioners have already retired from the

services several years back.

It is submitted by senior counsel

for the Vigilance that the F. I. R. was
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lodged in pursuant to the direction given

by this Hon’ble Court in L.P.A. and

without allocation of fund repair work

was undertaken by the petitioners.

It is also submitted by senior

counsel for the petitioners that the

Superintending Engineer, namely, Bhola

Nath Puran, who sanctioned the estimate,

has already been granted anticipatory

bail vide Cr. Misc. No. 36967 of 2010 by

this court.

Considering the fact that other

accused has been granted anticipatory

bail and the fact that the petitioners

have already retired from the services,

let the petitioners, Sudhir Kumar @

Sudhir Prasad, Trilokeshwar Prasad @

Milokeshwar Prasad, Sitapati Sharan and

Tribhuwan Prasad Sinha be released on

bail in the event of arrest or surrender

before the learned court below within a

period of twelve weeks from today in

connection with Vigilance Case No. 50 of

2010, Special Case No. 18 of 2010 on

furnishing bail bond of Rs. 10,000/-(Ten

Thousand) each with two sureties of the

like amount each to the satisfaction of
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the learned Special Judge, Vigilance-II,

Patna, subject to the conditions as laid

down under Section 438(2) of the Cr. P.

C.

U. K. ( Dinesh Kumar Singh, J)