IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11168 of 2010 SANTOSH KUMAR KUSHWAHA son of Brighunath Mahto, resident of village Rasulpur, Police Station Rasulpur, District Saran, Chapra… …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. Shivajee Pandey, Sr. Advocate For the State : Mr. C.M. Chourasia, Spl.P.P.,Vigilance ----------- 2 26.04.2010 Heard learned counsel for the petitioner and the the learned counsel for the Vigilance Investigation Bureau. The petitioner is in custody and seeks bail in a case registered under sections 467, 468, 471, 409 and 34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against him is that he was working as a middle man for demanding illegal gratification on behalf of B.D.O. for the purposes of construction of house under Indira Awas Yojna. It is further submitted that one Moti Lal Ram had been given the benefit of Indira Awas Yojna in the year 1998-99 itself, whereas Saroja Devi had not been extended any benefit of that. It is also submitted that the petitioner had signed a complaint made by the villagers against Saroja Devi, who is also Secretary of Vidyalaya Shiskha Samiti of Kanya Primary School and an inquiry is going on against her. Contention is that due to the aforesaid petition the petitioner has been falsely implicated in this case. 2 However, it is submitted by learned counsel for the Vigilance Investigation Bureau that the during the course of investigation several persons have stated with regard to involvement of the petitioner in this case. The petitioner has filed a supplementary affidavit stating therein that chargesheet has been submitted in this case on 13.03.2010. The petitioner is stated to be in custody since 25.01.2010. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, SANTOSH KUMAR KUSHWAHA, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, Muzaffarpur, in Special Case No. 62/2008 (Ekma Police Station Case No. 96/2008 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC ( Dr. Ravi Ranjan, J.)