IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4768 of 2009 DEO NARAYAN SAH S/O ASARFI SAH, R/O VILLAGE- KATAHAN, P.S. –MEHSI, DISTRICT- EAST CHAMPARAN Versus STATE OF BIHAR ----------- 2 21/04/2009 Heard learned counsel for the petitioner and learned counsel representing the Vigilance. The petitioner is an accused of a case which has been registered under sections 379, 201, 120B, 109, 407, 468, 471, 477(A) of the Indian Penal Code and sections 13(2) read with 13(1)(d) of the Prevention of Corruption Act. A petition was presented before the Janta Darbar alleging therein that the petitioner has taken out two pipes out of five pipes utilized in the hand pump installed in a village. In the year 2005 the pipes were inserted. The B. D.O. has received the complaint which he referred to police. The matter was inquired and the police officials took the petitioner into custody and recovered the pipes but he was let off with illegal motives. The report was referred by the B. D.O. The complainant got information from the District Magistrate that no repair works has been done. Allegations were inquired and were found to be correct. Submission is that in fact the case is not more than section 379 of the Indian Penal Code. The petitioner is a private person. He is in custody since 4.9.2008. Prior to the present case the petitioner has given an information petition before the S.D.O. 2 East Champaran. The matter was inquired into and it has been noted that the tube well was giving dirty water so the pipes were taken out which were kept in the nearby house and later on the same has been taken to the godown of the government. Learned counsel for the Vigilance opposed the prayer for bail of the petitioner. Considering the facts and circumstances of the case, the petitioner Deo Narayan Sah is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Vigilance P.S. Case No. 50 of 2008 Special Case No. 42 of 2008. avin (Shyam Kishore Sharma, J.)