Ramchandra Ravidas v. The State Of Bihar (Through Vigilance) Bhagalpur

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12224 of 2021 Arising Out of PS. Case No.-253 Year-2016 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.

RAMCHANDRA RAVIDAS S/O Late Shanicher Ravidas Resident of Village- Kashar, P.O. - Kashar, P.S. - Ariyari (Kashar), District - Sheikhpura. 2.

RAJENDRA MANJHI @ RAJENDRA KUMAR MANJHI S/o Kedar Manjhi Resident of Village- Kashar, P.O. - Kashar, P.S. - Ariyari (Kashar), District - Sheikhpura.

3.

SADHU RAVIDAS @ SEETARAM KUMAR S/O Baiju Ravidas Resident of Village- Kashar, P.O. - Kashar, P.S. - Ariyari (Kashar), District - Sheikhpura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR (THROUGH VIGILANCE) BHAGALPUR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aditya Narayan Singh, Advocate Mr. Jagannath Prasad, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP For the Vig. Depart.

:

Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 24-12-2021 Heard Mr. Aditya Narayan Singh, learned Advocate for the petitioners and Mr. Arvind Kumar for the Vigilance Department. The State is represented by Mr. Yogendra Kumar, learned APP for the State. The application with respect to petitioner no. 1 (Ramchandra Ravidas) has become infructuous with his arrest.

The same is dismissed as having become

2/4 infructuous.

The petitioners no. 2 and 3 seek bail in anticipation of their arrest in connection with Special Case No. 29 of 2016, arising out of Sheikhpura P.S. Case No. 253 of 2016 dated 07.08.2016 instituted for the offences under Sections 419, 420 and 120(B) of the Indian Penal Code, Sections 7, 8, 9 and 10 of the Prevention of Corruption Act.

The petitioners no. 2 and 3 are said to be the intermediaries who have defrauded and coerced the beneficiaries to part with money which they have got under various schemes of the Government. So far as the petitioners are concerned, their names have been taken by one or two loanees.

The entire gamut of allegation is against one Ramchandra Ravidas whose application has become infructuous and the employees of the bank.

The accusation, it has been urged, is absolutely vague and based only on the general statement made by

3/4 such loanees without there being any evidence to support such accusation. The petitioners no. 2 and 3 are freelancers and their efforts at helping the beneficiaries has been taken amiss. There is nothing on record, it has been argued, to conclude that the petitioners have forced/coerced the beneficiaries to part with the money. Without their being associated with the loanee bank in any manner whatsoever, it cannot be believed that they would exert such pressure on the beneficiaries that they would be coerced to part with the loan money. The learned counsel for the Vigilance Department, however, states that because of the activities of such intermediaries like the petitioners no. 2 and 3, the actual benefits of the government schemes do not reach the real targets.

Be that as it may, considering the fact that they are private persons and the accusation against them is absolutely vague and general, they are directed to be released on bail, in the event of their arrest or surrender

4/4 before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Special Court (Vigilance) Bhagalpur in connection with Special Case No. 29 of 2016, arising out of Sheikhpura P.S. Case No. 253 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

However, they are cautioned to participate in the investigation and any effort at avoiding the investigative process would render their anticipatory bail liable to be cancelled.

(Ashutosh Kumar, J) krishna/- U T