Jharkhand High Court
Paras Nath Yadav vs The State Of Jharkhand Through ... on 10 April, 2017
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No.5126 of 2016
Paras Nath Yadav ...... Petitioner
Versus
The State of Jharkhand through Vigilance ...... Opposite Party
CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
For the Petitioner : Mr. Ashok Kumar Singh, Advocate
For the Vigilance Department : Mr. T.N.Verma, Spl. P.P
..........
06/Dated: 10/04/2017
The petitioner is apprehending his arrest in connection with Vigilance P.S.
Case No. 05 of 2014 corresponding to Special Case No. 06 of 2014 for the offence
under sections 406, 409, 467, 468 and 120B and 34 of the Indian Penal Code and
under sections 13(2) read with Section 13(1) (d) of the Prevention of Corruption
Act.
Pursuant to order dated 17.01.2017, learned Spl. P.P for the Vigilance
Department produced report of the I.O which reveals that in the financial year
200910 under the Crop Insurance Scheme, 788 farmers' crop of total 2074 acres
was insured at the rate of Rs. 89 per acre and report also reveals that 44 farmers'
total 161 acres crop was insured, have been reimbursed under the Crop Insurance
Scheme at the recommendation of this petitionerAjay Kr. TirkeyC.O out of two
farmers were found genuine and remaining 42 farmers have found fake causing loss
of insurance money paid at the rate of Rs. 3419/ per acre and thus, 154 acre x
3419 Insured amounts to 5, 26,526/.
Learned counsel for the petitioner has submitted that there are five
accused persons and the petitioner is ready to deposit Rs. 1,05,000/ in two
installments before the trial Court. It is further submitted that on similar
allegation coaccused has been granted provisional bail in ABA No.3862/2016
passed by this Court.
Learned Spl. P.P for the Vigilance Department opposes the prayer for
anticipatory bail and submitted that there are serious allegation against the
petitioner.
In the facts and circumstances of the case, the above named petitioner is
directed to surrender in the Court below within four weeks from the date of this
order and in the event of his arrest or surrender the Court below shall enlarge
the above named petitioner on provisional anticipatory bail till 19.06.2017
on
furnishing bail bond of Rs. 10,000/ (Rupees ten thousand), with two sureties of
the like amount each to the satisfaction of the court of Mohammad Shakir,
learned Special Judge, Vigilance, Ranchi or his successor Court, in connection
with Vigilance P.S. Case No. 05 of 2014 corresponding to Special Case No. 06 of
2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C
and also subject to the condition that one of the bailors must be close relative of
the petitioner. The petitioner is directed to deposit half of amount i.e Rs.
52,500/ of total amount of Rs. 1,05,000/ before the Trial Court latest by
30.4.2017as first installment and the petitioner will deposit remaining amount before the Trial Court latest by 02.05.2017. The deposition of aforesaid amount would be subject to the result of the case. The petitioner is directed to cooperate in the investigation and he will appear before the I.O as and when his presence is required, failing which, I.O is directed to bring this fact to the notice of this Court through learned Spl. P.P on the next date of hearing.
List this case on 12.06.2017.
Let a copy of this order be sent to the concerned court through FAX and let a copy of this order be handed over to the learned Spl. P.P. fahim/ (Anant Bijay Singh, J.)