IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25923 of 2009 DR. VIKASH KUMAR Versus THE STATE OF BIHAR --with-- Cr.Misc. No.22663 of 2009 DR. SACHCHIDANAND SHARMA Versus STATE OF BIHAR --with-- Cr.Misc. No.43571 of 2009 1. OM PRAKASH TIWARY 2. Santosh Kumar Rai 3. Prof. P.N. Singh Versus The STATE OF BIHAR THRUGH VIGILANCE ------ 9/ 20.07.2010 Heard learned counsel for the petitioners and learned counsel for the State. Prof. Vikash Kumar, Om Prakash Tiwary, Santosh Kumar Rai and Prof. P. N. Singh are Reader, Principal, Lecturer and Professor of B.H.U. respectively, who were entrusted to evaluate copies. Of them petitioner Dr. Vikash Kumar is denying his signature over copies but his remaining in confidence of Prof. P.N. Singh under whom he was allowed P.Hd. is admitted. Investigating Agency found wrong committed by the team while evaluating the copies. For petitioner, Dr. Sachchidanand Sharma, Additional Director-cum-Controller in Health Department, Examination, it is said that in conspiracy he sent all these copies to B.H.U. Varanasi specifically to Prof. P.N. Singh. What mistake has been committed in course of evaluation that some of the copies having song or other messages in answer have been given qualifying marks is serious may never be ignored but Dr. Sachchidanand Sharma was in conspiracy to give more marks evidence for that is lacking. 2 Considering the above discussed facts and circumstances, prayer of the petitioner, Dr. Sachchidanand Sharma is allowed and at the same time, prayer of rest of the petitioners for grant of anticipatory bail is rejected. However, they will have an option to surrender before the Court below and pray for regular bail which shall be decided on merit without being prejudiced by the rejection order. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Vigilance Case No. 49 of 2009 giving rise to Special Case No. 41 of 2009, above named petitioner namely, Dr. Sachchidanand Sharma in Cr. Misc. No. 22663 of 2009 shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge-I, Vigilance, Patna subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)