Patna High Court - Orders
Dr. Arjun Kumar Singh & Anr vs The State Of Bihar Through The Vigilance on 3 April, 2017
Author: Sanjay Priya
Bench: Sanjay Priya
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4082 of 2017
Arising Out of PS.Case No. -533 Year- 2011 Thana -BHABHUA District- BHABHUA (KAIMUR)
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1. Dr. Arjun Kumar Singh, son of Late Ram Lal Singh, Resident of
Village- Fakhra Bad, P.S.- Kudra, District- Kaimur (Bhabhua).
2. Dr. Pramod Kumar Singh, son of Late Gupteshwar Singh, Resident of
Village- Sakri, Kudra, Police Station- Kudra, District- Kaimur
(Bhabhua).
.... .... Petitioner/s
Versus
1. The State of Bihar through the Vigilance
.... .... Opposite Party/s
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with
Criminal Miscellaneous No.10772 of 2017
Arising Out of PS.Case No. -533 Year- 2011 Thana -BHABHUA District- BHABHUA (KAIMUR)
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Sanjiv Singh @ Sanjiv Kumar Singh, son of Lal Bahadur Singh, resident of
Village- Paura, P.S.- Chand, District- Kaimur.
.... .... Petitioner/s
Versus
The State of Bihar through Vigilance, Patna.
.... .... Opposite Party/s
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Appearance :
(In Cr.Misc. No.4082 of 2017)
For the Petitioner/s : Mr. Ashok Kumar, Advocate.
For the Opposite Party/s : Mr. Ramakant Sharma (L.O., I/C Vig.)
(In Cr.Misc. No.10772 of 2017)
For the Petitioner/s : Mrs. Soni Shrivastava, Advocate.
For the Opposite Party/s : Mr. Ramakant Sharma, (L.O, I/C Vig.)
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CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
5 03-04-2017As both these cases arise out of the same P.S. Case, hence, they have been heard together and are being disposed off by this common order.
Heard learned counsel for the petitioners and the Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-2017 2/8 State.
The petitioners apprehend their arrest in Special Case No. 07 of 2012 arising out of Bhabua P.S. Case No. 533 of 2011 instituted for the offence under Sections 420, 409, 467, 468, 471, 34, 120(B) of the Indian Penal Code and Section 13(1)(D) of Prevention of Corruption Act.
This case has been instituted by the informant Dr. Ras Bihari Singh, Civil Surgeon, Kaimur, Bhabhua, alleging that the accused persons of this case committed financial irregularities of huge amount to the tune of crores of rupees. As per letter No. 1117 dated 22.7.2011 written by Secretary Health-cum-Executive Director, State Health Society as well as audit report of State Health Society, it is apparent that several irregularities were found during course of audit that the accused Dr. Uchit Lal Mandal has made payment to the tune of Rs.5.50 crores to the Non Governmental Organisation/Private Nursing Homes, Private Hospital and Private doctors under the Family Planning (sterilization) Scheme and Mother and Child Security Scheme without obtaining prior permission from the District Magistrate- cum-Chairman of the District Health Society, Kaimur, Bhabhua.
It was also found from perusal of document that there was irregularity of Rs.54.88 lacs which was wrongly paid to Non Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-2017 3/8 Governmental Organisations, Private Hospitals and Private Nursing Homes under the aforesaid scheme.
There is repetition of names and addresses of beneficiaries in the same bill. There is difference in the signature of the Secretary of Non Governmental Organisation. The names and address of the same beneficiaries were found in the bills of multiple Non Government Organizations/Hospitals/Nursing Homes.
The names and addresses of some beneficiaries as given in the bills submitted under Mother and Child Security Scheme by one Non-Governmental Organisation/Hospital/Nursing Home have been again given in the bills submitted under Family Planning (Sterilization) Scheme by another Non-Government Organisations/Hospitals/Nursing Homes.
One beneficiary has been shown to have twelve deliveries in the period of four months and one beneficiary has been shown to have 14 sterilization operation in the period of four months. Non Governmental Organisation/Hospitals/Nursing Homes have failed to produce the proper documents when required to do the same during inspection by the audit team. Payment has been made twice for the same bill and the date has not been indicated in the bills.
Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-20174/8
It has been submitted on behalf of the petitioners that in the instant case Civil Surgeon Dr. Uchit Lal Mandal has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 12.9.2012 passed in Cr. Misc. 27053 of 2012. It has further been submitted that another co-accused Md. Idrish Jauher @ Md. Idrish Johar has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 8.2.2017 passed in Cr. Misc. 55553 of 2016 after referring to the aforesaid order.
Learned A.P.P. has submitted that anticipatory bail of one of the co-accused Barun Kumar Singh @ Varun Kumar Singh has been rejected by this Court vide order dated 01.03.2017 passed in Cr. Misc. 1809 of 2017.
Case diary has been received.
After looking into the materials available in the case diary, the learned A.P.P. has submitted that in the earlier order dated 12.9.2012 passed in Cr. Misc. 27053 of 2012, the case diary was not produced before the coordinate Bench of this Court and without looking into the material in the case diary, Dr. Uchit Lal Mandal was allowed anticipatory bail. Similarly, another accused Dr. Idrish Jauher @ Md. Idrish Johar has been granted anticipatory bail by another coordinate Bench of this Court vide order dated 08.02.2017 passed in Cr. Misc. 55553 of 2016 after Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-2017 5/8 referring the order dated 12.9.2012 passed in Cr. Misc. 27053 of 2012.
There is specific allegation against the petitioners of Cr. Misc.4082 of 2017 as mentioned in paragraphs 289, 290, 293 and 294 of the case diary. Similarly, there is specific allegation against petitioner of Cr. Misc. 10772 of 2017 made in paragraph 89 of the case diary.
The learned A.P.P. has pointed out paragraphs 289 and 290 of the case diary wherein it has been mentioned that one Raj Clinic situated in a very narrow lane belonged to petitioner No. 1 of Cr. Misc. 4082 of 2017 wherein the Investigating Officer found only two rooms in the Clinic; one room was the chamber of doctor and in another room, there was only one table and two cots. It is said that in the said Clinic Dr. Heera Prasad Singh performed 214 Sterilization operations in one day i.e. 19.12.2010. The petitioner No. 1 further told before the Investigating Officer that he is B.A.M.S. doctor. His Clinic got order for Sterilization operation in the year 2010-11 and he received total payment of Rs.8,46,000/- and for this amount 564 Sterilization operation have been done in his Clinic by Dr. Heera Prasad Singh and Dr. Pramod Kumar Singh (petitioner No. 2 of Cr. Misc. 4082 of 2017). On demand, he could not furnish the list of 564 females Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-2017 6/8 who have been operated upon, to the Investigating Officer and, hence, has misappropriated the amount of Rs.8,46,000/-. Similarly, the Investigating Officer has mentioned in paragraphs 293 and 294 of the case diary that petitioner No. 2 of Cr. Misc. 4082 of 2017 was owner of the Nursing Home. He also told the Investigating Officer that he is B.H.M.S. doctor. He received order for Sterilization operation in his Clinic in the year 2010-11. He used to get operation done through Dr. Sushma and Dr. Shyam in his Clinic and received total amount of Rs.8,47,500/- from the District Health Committee for total 565 operations performed in his Clinic. He could not furnish the copy of agreement and order of District Health Committee as well as the list of 565 female upon which operation was done to the Investigating Officer, and, hence, has misappropriated the amount of Rs.8,47,500/-.
The Investigating Officer has further mentioned in paragraph 268 of the case diary that there are two N.G.Os. running in the name of Suvidha Health Care and Hospital as well as Suvidha Sanjiv Kumar Singh in Kaimur, belonging to petitioner of Cr. Misc. 10772 of 2017. Both these NGOs received Rs.75,000/- and 1,06,500/- in the year 2010-11 for Sterilization operation @ 1500/- per operation for performing operation of 50 to 71 females respectively, but both the NGOs did not submit any list of female Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-2017 7/8 operated upon, to the Investigating Officer. The Investigating Officer alleged that in this manner, the petitioner has misappropriated the amount of Rs.1,81,500/-.
In this manner, on the basis of aforesaid materials available in the case diary during investigation, it appears that there is specific allegation found against the petitioners of both these anticipatory bail applications of committing misappropriation of amount as they failed to submit the list of females alleged to have been operated upon in their Clinic and it also appears that there was no proper infrastructure in the Clinic of these petitioners to perform the operation. It further appears that the investigation of the case is still going on.
In this manner, there is serious allegation of irregularities and misappropriation of Government money committed by the petitioners.
Therefore, this Court is not inclined to grant anticipatory bail to the petitioners namely, Dr. Arjun Kumar Singh, Dr. Pramod Kumar Singh (Cr. Misc. 4082 of 2017) and Sanjiv Singh @ Sanjiv Kumar Singh (Cr. Misc. 10772 of 2017).
The prayer for anticipatory bail of the petitioners named above stands rejected.
Petitioners may surrender and make prayer for regular Patna High Court Cr.Misc. No.4082 of 2017 (5) dt.03-04-2017 8/8 bail which shall be disposed of by the court below in accordance with law without being prejudiced by this order.
(Sanjay Priya, J) S.Ali/-
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