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2017 Supreme(Pat) 930

BIRENDRA KUMAR
Dipendra Bhushan, Son of Late Parmeshwar Dayal – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioners: Dr. Ratan Kumar
For the Respondents: Ramakant Sharma (L.O., I/C Vig.)

JUDGMENT :

The writ petitioners are accused in Complaint Case No. 45 of 2013 filed on 10.04.2013 by respondent no. 2 Murari Singh in the Court of learned Special Judge, Vigilance, North Bihar, Muzaffarpur for the offences, allegedly, committed by the petitioners under Sections 467, 468, 406, 120B of the Indian Penal Code as well as under Sections 7, 8, 9 and 13 of the Prevention of Corruption Act.

2. The learned Special Judge called for a preliminary inquiry report from the Station House Officer, Vigilance, Investigation Bureau, Bihar, Patna. The preliminary report was submitted that the offences alleged against the petitioners are, prima facie, established and an FIR requires to be instituted. Accordingly, FIR was lodged and registered as Vigilance P.S. Case No. 77 of 2015 on 11.09.2015 under Sections 420, 467, 471, 477A/120B of the Indian Penal Code as well as under Sections 7, 10, 13(2) read with Sections 13(1) (d) of the Prevention of Corruption Act, 1988. All the aforesaid documents i.e. the complaint petition, preliminary enquiry report and FIR are at Annexure-1 series.

3. According to the prosecution allegation petitioner no. 1, at the time of occurrence, was posted as Circle O







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