Rajendra Kumar Jain vs State Of Jharkhand on 9 July, 2012

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Jharkhand High Court

Rajendra Kumar Jain vs State Of Jharkhand on 9 July, 2012

Bench: H.C.Mishra

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   B.A No.2793 of 2012
                                             ------
                   Rajendra Kumar Jain                            .... Petitioner

                                            -Versus-
                   The State of Jharkhand
                   through Vigilance                               ..... Opposite Party
                                          ------
                   CORAM :        HON'BLE MR. JUSTICE H.C.MISHRA
                                           ------
                   For the Petitioner      :      Mr.R.S.Mazumdar, Sr. Advocate.
                                                  Mr.Rajesh Kumar, Advocate.
                   For the Vigilance       :      Mr.T.N.Verma, Advocate.

                                              ------


4/ 09.07.2012

Heard learned counsel for the petitioner and the learned counsel for the Vigilance.

The petitioner has been made accused in Khunti P.S. Case No.116 of 2010 corresponding to Special Case No.63 of 2010 for the offence under Sections 161, 406, 409, 420, 467, 468, 471, 34 of the Indian Penal Code and Section 7 & 13 (1-D) of Prevention of Corruption Act.

The earlier bail application of this petitioner was dismissed as withdrawn after some arguments by order dated 8.8.2011 in B.A No. 5530 of 2011. It appears that the allegation against the petitioner is that he, being the Asst. Engineer was entrusted Rs. 42, 56,750/- for construction of 25 Aganbari Centers. The case of the petitioner is that he had transferred the entire money in favour of one Ram Binod Prasad Sinha, who was the Junior Engineer concerned, for construction of the centers.

Learned counsel for the petitioner has pointed out that the contention of the petitioner finds substantiated from the fact that the State Government has filed the Certificate Case for realization of the said amount from the concerned Junior Engineer only, which has been brought on record as Annexure-5 to the bail application. Annexure-4 has also been brought on record to show that the entire money has been transferred in the account of Ram Binod Prasad Sinha, who was the Junior Engineer.

Learned counsel for the petitioner has accordingly, renewed the prayer for bail.

-2-

Learned counsel for the Vigilance, on the other hand, opposed the prayer for bail, submitting that the money was transferred to the petitioner for construction of twenty five Aganbari Centers.

In view of the fact, it is apparent that the money had been transferred by the petitioner to the concerned Junior Engineer, against whom only, the Certificate case has been filed for realization of the said amount, I am inclined to release the petitioner on bail. Accordingly, the petitioner, Rajendra Kumar Jain is directed to be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri A. R. K. Sinha, learned Special Judge, Vigilance, Ranchi, in Khunti P.S. Case No.116 of 2010 corresponding to Special Case No.63 of 2010.

(H.C.Mishra, J.) B.S/

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