IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38723 of 2008 ---- Muneshwar Lal son of Late Mangal Lal, Resident of Village and P.O. Rohtas, Police Station- Rajpur, District- Rohtas …. Petitioner Versus The State of Bihar …. Opposite Party ----------- For the petitioner : Mr. Mithilesh Kumar Sinha, Advocate Ms. Juhi Kumar Ms. Meena Kumari No.2 For the State : Mr. M.S.Khan, Spl.P.P. Vigilance **** 3 01.10.2008 Heard learned counsels for the petitioner and the State (Viglance). Petitioner is an accused for the offence under sections 420, 467, 468, 469, 471, 477A, 120B, 129, 201 of the Indian Penal Code and section5(2) read with section 5(1)(d) of the Prevention of Corruption Act, 1947 corresponding to section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. The allegation against the petitioner, in nut-shell, is to the effect that while posted as Head Clerk in the Forest Division at Bhabhua he is alleged to have received the payment against the supply made for insecticides by the concerned firms owned by the co-accused Arun Kumar Murarka. The allegation is that the supply orders were placed by the concerned Divisional Forest Officers to - 2 - the firm of the co-accused Arun Kumar Murarka whereas the firms were fictitious and no supply was made and payments were made under the orders of the concerned Divisional Forest Officer on getting the bills processed by this petitioner for such payment. It has been submitted on behalf of the petitioner that he processed the bills which were genuine and placed before the authority for consideration. It is further contended that the co-accused namely, S.S.K.Bishwas, the authority who placed the order for supply and payment has been allowed anticipatory bail by this court as per the order dated 05.07.1995 (Annexure-2) along with other accused persons named in the order as also the details given in paragraph 22 & 23 of the petition. It is also contended that the petitioner retired long ago and by now he has become a very old and weak person aged about 75 years as he is suffering from serious heart ailments for that he had undergone open heart surgery as well. Learned counsel appearing for the Vigilance opposes the prayer for bail and submits that it is a case of criminal conspiracy of the accused persons and the petitioner being the Head Clerk had facilitated payment against the alleged supply orders. Having considered the submissions, as noticed - 3 - above, the allegations made in the first information report, the certified copy of the charge sheet, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of six weeks from today, the petitioner, namely, Muneshwar Lal be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance I, Patna in connection with Vigilance Police Station Case No. 27 of 1994 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)