Patna High Court - Orders
Kavindra Nath Ojha vs State Of Bihar Thru.Vigilance on 27 August, 2009
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.11288 of 2009
Kavindra Nath Ojha, son of Late Dineshwar Ojha, resident of village
Kharhatand, Police Station Simri, District Buxar
Versus
The State of Bihar through Vigilance Department.
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03/ 27.08.2009Heard learned counsel for the petitioner and the Vigilance Department.
Petitioner, who at the relevant time served as Section Officer in the Human Resources Department, is apprehending his arrest in connection with a case registered for the offence under Sections 420, 465, 467, 468, 471, 477(A), 109, 120B of the Indian Penal Code, Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act and Section 4(2) of the Bihar Non- Government Physical Teachers Training College and Non-Government Primary Teachers Education College (Control and Regulation) Act which was lodged on 3.5.2000.
It is submitted on behalf of the petitioner that perusal of the First Information Report would indicate that an Inspecting Team constituted by the NCERT, Delhi had inspected the college in question and recommended for grant of recognition, which was also endorsed by the District Magistrate, Katihar and then the matter came to the State Government, petitioner is alleged to have endorsed the notes of the Assistant, whereafter approval matter was considered by the superior authorities, including the departmental Minister. In the circumstances, petitioner should be admitted to the privilege of bail in the event 2 of arrest as Dashrath Tiwari, who was the Chairman of the NCERT and Member of the Inspecting Team, has been admitted to the privilege of bail in the event of arrest by another Bench of this Court under orders dated 28.7.2008, as contained in Annexure-2 to this application. Further reliance is placed on the orders dated 25.8.2008, Annexure-3 to this application, whereunder the Deputy Secretary of the Department has been admitted to the privilege of bail in the event of arrest. In this connection, further reliance is placed on the orders of this Court dated 10.12.2008, Annexure-4 to this application, whereunder the Dealing Assistant who earlier to the petitioner endorsed the recommendation of the Inspecting Team for consideration by the superior authorities has also been admitted to the privilege of bail in the event of arrest.
Reliance placed on the aforesaid orders, as contained in Annexures- 2,3 and 4 to this application, in my opinion, appears to be wholly misconceived in view of the earlier orders of this Court passed in the case of R.P. Sahu @ Rajendra Prasad Sahu, Section Officer of the University whose prayer for bail in the event of arrest was rejected by another Bench of this Court under orders dated 16.5.2006 passed in Cr. Misc. No. 19511 of 2006 and as the orders on which the learned counsel for the petitioner has placed reliance have been passed ignoramus of such orders, are not binding on this Court and I being in respectful agreement with the order dated 16.5.2006, having 3 considered the fact that the case was lodged on 3.5.2000 and the fact that this application has been filed on 23.3.2009, reject the prayer of the petitioner for grant of bail in the event of arrest. He is, however, directed to surrender in the court of Special Judge, Vigilance, Patna in connection with Special Case No. 06 of 2002/ 03 of 2000, arising out of Vigilance P.S. Case No. 12 of 2000 within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law.
Arjun/ ( V.N. Sinha, J.)