Patna High Court – Orders
Latika Varma @ Latika Verma vs The State Of Bihar on 8 April, 2025
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32719 of 2024
Arising Out of PS. Case No.-2 Year-2021 Thana- VIGILANCE District- Patna
======================================================
Latika Varma @ Latika Verma wife of Dr. Madhukar Prakash R/o-
Prateeksha, Dr. Lal Clinic Adarsh Colony Ara Ps- Nawada Dist- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Special Vigilance Unit, 5 Daroga Rai Path Patna through its
Superintendent of Police, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Shrivastava, Sr. Advocate
Mr. Sangeet Deokuliar, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
Mr. Rana Vikram Singh, Spl.PP (Vigilance)
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
CAV
11 08-04-2025
Heard learned counsels for the parties.
2. The petitioner apprehends her arrest in connection with
Special Vigilance Unit (SVU) P.S. Case No.02 of 2021,
registered for the offences u/s 13(1)(b) r/w Section 12 of the
Prevention of Corruption Act and Section 120(B), 420, 409,
3. As per the FIR, Dr. Rajendra Prasad, while working as
the Vice Chancellor, Magadh University, Body Gaya hatched a
criminal conspiracy with the assistance of Finance Officer,
Veer Kunwar Singh University; the Registrar, Patliputra
University, private firms namely, M/s Poorva Graphics & M/s
XLICT Software Pvt. Ltd. and other unknown accused persons
Patna High Court CR. MISC. No.32719 of 2024(11) dt.-08-04-2025
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and fraudulently and dishonestly cheated the Government to
the extent of Rs.20 crores during the year 2019-21 in the
matter of purchase of various items related to the use of
University during examination and otherwise. It is alleged that
ignoring the advice of the competent officer, the accused
persons raised bill to the extent of Rs.20 crores from Magadh
University and Veer Kunwar Singh University without
assessing the requirement and violating the tender procedure
and justification of rates etc. The Finance Officer, Veer
Kunwar Singh University and Registrar, Patliputra University
cleared all the fraudulent bills of the private firms named
above.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has not committed any offence. She
has been falsely implicated in this case. Petitioner has not
misappropriated any amount and worked in accordance with
law as per the order/instruction of the authorities concerned.
Petitioner has served the Veer Kunwar Singh University for
more than 32 years and has unblemished career, conducted her
academic and administrative duties with highest standards of
ethics and professionalism. It is further submitted that the
petitioner is not named in the FIR. The FIR has been instituted
Patna High Court CR. MISC. No.32719 of 2024(11) dt.-08-04-2025
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against the then Vice Chancellor of Magadh University and
Veer Kunwar Singh University for disproportionate assets and
all the allegations in the FIR are against him and other named
persons and above-named firms only. Petitioner has been made
accused merely on the basis of suspicion.
5. It is further submitted that the petitioner was
Examination Controller of Veer Kunwar Singh University from
22.08.2019 to 06.08.2020 and at that time the Vice Chancellor
of Veer Kunwar Singh University was Mr. D.P. Tiwary. She
never worked with or under the co-accused Dr. Rajendra
Prasad who took additional charge of Veer Kunwar Singh
University on 06.08.2020 but during the course of
investigation, the name of the petitioner has been arrayed in
the list of accused without considering the relevant and
material dates and facts. During her tenure as Examination
Controller, petitioner has conducted only one examination and
for this examination only the petitioner has ordered for
printing of question papers, that too, after getting approval
from the then Vice Chancellor Mr. D.P. Tiwary.
6. The S.V.U., Patna through Dy. S.P. submitted charge
sheet on 20.03.2023 against many persons including the
petitioner. In the charge sheet, the allegations against the
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petitioner is levelled that co-accused Dr. Rajendra Prasad in
conspiracy with the officers and staffs of the Veer Kunwar
Singh University, including the petitioner, dishonestly cheated
the Govt. of Bihar to the extent of Rs.1,33,56,385/- towards
the printing of question papers, answer sheets without
assessing the requirement and in utter violation of tender
procedure and without justification of rates. The above
payment was made by the order of Dr. Rajendra Prasad and out
of twelve, only one purchase order was issued by the
petitioner.
7. It is further submitted that the allegation against the
petitioner is that the Tender quotation were not invited for
printing of question paper. It is humbly submitted in this
regard that as per the notified and scheduled academic
calendar of the University the examination of Graduation Part
II, 2019 was to be held in the month of October 2019. The
petitioner moved the file to the then Vice Chancellor Mr. D.P.
Tiwary for granting permission for printing of question papers
and was advised for inviting quotations, the petitioner then
wrote to the Vice Chancellor that since the examination is
nearby, the inviting of new quotation and its process will take
time and requested for postponing the exam for two months for
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which the then Vice Chancellor did not agree and then after
extensive discussion with all concerned it was decided that the
question papers can be printed as per the rate fixed and
approved by the Finance Committee in the year 2011 and to
give order to XLICT Software Private Limited who has been
awarded tender on 18.06.2019 and the Registrar has given the
work order. The petitioner then wrote on the relevant file for
permission for printing of question paper on old rate as fixed
in the year 2011 by the Finance Committee and the same was
approved by the then Vice Chancellor Mr. D.P. Tiwary putting
his signature below the note of the petitioner and after the
affirmation from the then Vice Chancellor, petitioner ordered
for printing.
8. It is further submitted that the petitioner has done no
wrong at all and has ordered for printing of question papers on
the order and approval of then then Vice Chancellor, who has
not been made accused in the present case. Petitioner has no
role in selecting the vendor nor she has any role in fixing the
rates, she has not even finalised or released the payments.
9. The fact that the firm XLICT Software Private Limited,
Lucknow has been given work without the Tender process or
the petitioner has selected the firm is totally wrong as the firm
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vide Tender No.VKSU 450/RFP 2019/01 dated 29.04.2019 has
participated in Tender Process and on 18.06.2019 vide order
passed in Letter No.733/Estab/19 the said firm was selected for
various activities. Even these material facts have been
deliberately overlooked during the investigation. The petitioner
is not the person who selected the Firm rather the same has
been chosen on the basis of Tender Process for various works
of the University which includes the examination work also,
under the signature of the Registrar, Veer Kunwar Singh
University.
10. It is further submitted that the co-accused Dr. Rajendra
Prasad when assumed additional charge of Veer Kunwar Singh
University as Vice Chancellor he entered into conspiracy with
the officials of the said University, including the petitioner and
fraudulently and dishonestly cheated the Government of Bihar
to the extent of Rs.1,33,56,358/-. The above payment was
made by the order of Dr. Rajendra Prasand and the petitioner
has never worked with him. She was Examination Controller
of Veer Kunwar Singh University when Mr. D.P. Tiwary was
Vice Chancellor. She was relieved from the post of
Examination Controller on 06.08.2020 while Dr. Rajendra
Prasad took additional charge of Veer Kunwar Singh
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University on 03.06.2021.
11. The petitioner has given work order for the question
papers of Graduation Part II Examination, 2019 with the
approval of the order of then then Vice Chancellor Mr. D.P.
Tiwary on old rate of 2011 which was decided by the
competent Finance Committee in the year 2011 and which is
much less than the rates decided by the Committee in the year
2020. On 06.08.2020, she has resigned from the post due to
health issues (COVID), the co-accused Dr. Rajendra Prasad
then came to Veer Kunwar Singh University and has took
additional charge of the University as Vice Chancellor on
03.06.2021, thus there is no chance of indulgence of the
petitioner in any of the activities of Dr. Rajendra Prasad.
12. It is further submitted that the present case has been
lodged by the SVU, against Dr. Rajendra Prasad for his
possession of assets disproportionate to his known source of
income through corrupt and illegal means and the investigation
started accordingly. During investigation, there was recovery
of huge amount, jewellery and other materials and it has been
alleged in the FIR that 5 named persons has connived with him
in criminal conspiracy and cheated the Government. Petitioner
is not named with those persons, she has been implicated in
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this present case on the basis of a work order which was issued
by her in the year 2019.
13. He further submitted that Mr. D.P. Tiwary, the then Vice
Chancellor of Veer Kunwar Singh University, under whom the
petitioner worked gave his statement before the Investigating
Agency and has said nothing against the petitioner, he has only
stated against co-accused Dr. Rajendra Prasad.
14. Learned counsel for the petitioner relied upon the
judgment of the Apex Court in the case of Mahdoom Bava
Vs. CBI reported in 2023 LiveLaw (SC) 218 Cr. Appeal
No.915/2016. He further relied upon the case of
Maghavendra Pratap Singh @ Pankaj Singh vs. The State
of Chhattisgarh reported in (2023) 4 S.C.R. 829 and
Musheer Alam vs. State of UP and Anr. Reported in (2025)
SCC OnLine SC 116.
15. He further submits that during the investigation, the
petitioner has given her full cooperation to the Investigating
Agency and after investigation, the SVU has filed chargesheet
and now SVU is not required to do custodial interrogation
against the petitioner as she is ready to cooperate in the trial.
16. Learned Special Public Prosecutor for the Special
Vigilance Unit submitted that Dr. Rajendra Prasad, the then
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Vice Chancellor of Magadh University was the main accused
of the offence and other accused persons including the
petitioner are also involved in the crime. The process of
inviting quotations for printing of question paper is a necessary
process which was ignored by the Vice Chancellor and other
accused persons including the petitioner. It is further submitted
that the work order for printing of question papers and answer
sheet is the duty of the Registrar and not of the Examination
Controller but this rule has not been followed. The petitioner
being the examination controller gave the work order, so, she
is also guilty in the alleged offence. The work order given by
her was unnecessary and without assessing the requirement
which creates the indulgence of the petitioner in
misappropriation of Government money in conspiracy with
other accused persons.
17. It is further submitted that the memo of evidence of
accused Dhirendra Kumar Singh has been placed on record. In
para-09 of the case diary, it has been stated that Anwar Imam,
Controller of Examinations, has written a comment to the
Registrar and the then Controller, where the Controller of
Examinations has described the Audit and Dealing Assistant
C/16 and C/17 as self-explanatory. He has also added in his
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note that it appears that the work order was done during the
tenure of the then Controller of Examinations, i.e. the
petitioner. Therefore, they can be asked for authenticity. He
has also advised not to ignore the query raised by the former
Vice Chancellor, Mr. D.P. Tiwary. He has mentioned in his
notesheet that the work order for the work given to XLICT is
not available. Apart from this, the work order of Veer Kunwar
Singh Unviersity, Ara, letter no.971/Exam/19 dated
16.09.2019, signed by the petitioner and Assistant Dinanath
Singh was not authorized to issue or sign the work order.
18. Further, investigation revealed that Alok Sahay has
asked for verification from the then Controller of
Examinations. Even after Manish Kumar Sinha’s verification
and approval, Alok Sahay has written to the Controller of
Examinations in his comment to obtain post-reduction order in
the light of audit comment where work order was not
available. On which the Controller of Examination has written
a comment to the Registrar that the paper printing work has
been verified by the Dealing Incharge, Mr. Manish Kumar
Sinha. The Controller of Examination Mr. Anwar Imam and
the Audit Assistant Mr. Vijay Kumar Singh have recommended
for post-reduction order.
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19. Learned counsel for the SVU relied upon the judgment
of the Apex Court in the case of Devinder Kumar Bansal vs.
The State of Punjab (Special Leave to Appeal (CRL).
No.3247 of 2025) reported in 2025 LiveLaw (SC) 291:-
23. The presumption of innocence, by itself,
cannot be the sole consideration for grant of
anticipatory bail. The presumption of innocence
is one of the considerations, which the court
should keep in mind while considering the plea
for anticipatory bail. The salutary rule is to
balance the cause of the accused and the cause of
the public justice. Over solicitous homage to the
accused’s liberty can, sometimes, defeat the cause
of public justice.
24. If liberty is to be denied to an accused to
ensure corruption free society, then the Courts
should not hesitate in denying such liberty. Where
overwhelming considerations in the nature of
aforesaid require denial of anticipatory bail, it
has to be denied. It is altogether a different thing
to say that once the investigation is over and
charge sheet is filed, the Court may consider to
grant regular bail to a public servant- accused of
indulging in corruption.
25. Avarice is a common frailty of mankind and
Robert Walpole’s famous pronouncement that all
men have their price, notwithstanding the
unsavoury cynicism that it suggests, is not very
Patna High Court CR. MISC. No.32719 of 2024(11) dt.-08-04-2025
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centuries ago, it was Burke who cautioned:
“Among a people generally corrupt, liberty
cannot last long”. In more recent years, Romain
Rolland lamented that France fell because there
was corruption without indignation. Corruption
has, in it, very dangerous potentialities.
Corruption, a word of wide connotation has, in
respect of almost all the spheres of our day to day
life, all the world over, the limited meaning of
allowing decisions and actions to be influenced
not by the rights or wrongs of a case but by the
prospects of monetary gains or other selfish
considerations.
26. If even a fraction of what was the vox pupuli
about the magnitude of corruption to be true, then
it would not be far removed from the truth, that it
is the rampant corruption indulged in with
impunity by highly placed persons that has led to
economic unrest in this country. If one is asked to
name one sole factor that effectively arrested the
progress of our society to prosperity, undeniably
it is corruption. If the society in a developing
country faces a menace greater than even the one
from the hired assassins to its law and order, then
that is from the corrupt elements at the higher
echelons of the Government and of the political
parties.
20. In reply, learned counsel for the petitioner submitted that
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the petitioner has no role in selecting vendor nor she has
played any role in fixing the rates or released the payment. The
petitioner has given only one order out of twelve and it is
alleged that the petitioner has involvement in misappropriation
of Rs.1,33,56,385/-. The charge sheet clearly says that
payment was made by the order of Dr. Rajendra Prasad, the
payment was done by the Vice Chancellor, the petitioner was
not holding any post at that time nor she has worked with Dr.
Rajendra Prasad. There is nothing on record to show any
conspiracy. The payment was made in the month of August
2021, much after the resignation of the petitioner. The request
of printing question papers was approved by the then Vice
Chancellor and vendor was selected through tender process by
the then Registrar and then the work order has been issued.
21. I have heard the parties at length and perused the record.
It is admitted fact that the petitioner is also involved in the
present case and similarly situated co-accused has been denied
anticipatory bail by this Court in Cr. Misc. No.74836 of 2024
dated 13.02.2025, and also considering the ratio laid down by
the Apex Court in the case of Devinder Kumar Bansal (supra)
that if liberty is to be denied to an accused to ensure corruption
free society, then the Courts should not hesitate in denying
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such liberty. Where overwhelming considerations in the nature
of aforesaid require denial of anticipatory bail, it has to be
denied. It is altogether a different thing to say that once the
investigation is over and charge sheet is filed, the Court may
consider to grant regular bail to a public servant- accused of
indulging in corruption.
22. Considering the foregoing discussions, I am not inclined
to grant bail to the petitioner. The prayer for grant of bail on
her behalf is hereby rejected.
23. Accordingly, this application stands dismissed.
(Anjani Kumar Sharan, J)
shikha/-
U T
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