Patna High Court – Orders
Ram Awtar Ram @ Shri Ramavtar Ram vs The State Of Bihar on 19 December, 2024
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83843 of 2024
Arising Out of PS. Case No.-67 Year-2017 Thana- VIGILANCE District- Patna
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Ram Awtar Ram @ Shri RamAvtar Ram Son of Late Grahanram Resident of
Village- Khutahan, P.S.- Nasriganj, P.O.- Pawani, District- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The Vigilance Investigation Bureau, Patna Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar, Advocate
Mr. Kanishk Kaustubh, Advocate
For the O.P./Vigilance : Mr. Arvind Kumar, Adv. Spl. P.P.
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 19-12-2024
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Vigilance P.S. Case No. 67 of 2017 registered under Sections
406, 420, 467, 468, 201, 120B of the I.P.C. read with Section
13(2) & 13(1)(d) of the Prevention of Corruption Act, 1988.
3. As per the prosecution case selection process for
appointment of Panchayat Teacher was initiated in the year
2008, for which counselling was held in February, 2009. After
counselling, merit list was prepared by the Selection /
Appointment Committee on 09.02.2009. One candidate namely,
Aftab Ansari got 67.54 % + 20 extra weightage marks on the
ground of his experience for which experience certificate was
submitted by him, which was found to be forged subsequently.
One candidate namely, Md. Asgar Ali filed a writ application
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bearing C.W.J.C. No. 10802 of 2011 challenging the
appointment of Aftab Ansari on the ground that he secured
69.18% but in the merit list Aftab Ansari has been placed above
him due to marks of experience given to him based upon forged
certificate, upon which the High Court directed the Vigilance
Investigation Bureau to institute a case and conduct enquiry and
pursuant thereto Vigilance P.S. Case No. 67 of 2017 was
registered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case due to oblique
motive inasmuch as the petitioner was not a part of the selecting
body, which prepared the merit list based upon the experience
certificate of Aftab Ansari. After counselling held some time in
2009 merit list was prepared and declared on 09.02.2009. The
petitioner was not posted in the concerned Panchayat at the time
of publication of the merit list and he joined the Panchayat in
July, 2009. After joining with the joint signature of Mukhiya
appointment letters were issued to the respective candidates on
14.08.2010 based upon the merit list prepared prior to the
joining of the petitioner. The petitioner fully co-operated in the
investigation pursuant to notice given by the Vigilance
Department. After investigation, Police has submitted charge
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sheet on 14.09.2019 and cognizance was taken by the learned
Special Court but the petitioner could not get the summon and
in the year 2024 he got summon and filed anticipatory bail
application, which was dismissed for default, due to which
second anticipatory bail application was filed by the petitioner
which got dismissed on 26.09.2024. Hence the present
application for bail.
5. On the other hand, Mr. Arvind Kumar, learned counsel
appearing for the Vigilance Investigation Bureau vehemently
opposed the prayer for anticipatory bail and submits that the
petitioner before issuance of appointment letter failed to check
the authenticity of the experience certificate. As per practice and
norms, just after issuance of appointment letter, the
testimonials / certificates are to be sent by the concerned
Panchayat Secretary for verification, which the petitioner failed
to do.
6. Having regard to the submission made by the parties,
taking into consideration the materials on record, the fact that at
the time of preparation of merit list the petitioner was not
present there as Panchayat Secretary, the petitioner
co-operated with the Vigilance Department during the course of
investigation, charge sheet has been submitted, there is no
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apprehension that the petitioner will abscond or tamper with the
evidence and charge-sheet has been submitted based on
documentary evidence, for which custodial interrogation of the
petitioner may not be necessary, I am inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Judge (Vigilance), Patna in connection with
Vigilance P.S. Case No. 67 of 2017 subject to the condition as
laid down under Section 438 (2) of the Cr.P.C. with further
condition that the petitioner will co-operate during the course of
trial and will appear on each and every date and in case on
absence on two consecutive dates without prior permission of
the trial court, his bail bond shall liable to be automatically
cancelled.
(Anil Kumar Sinha, J)
praful/-
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