IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34269 of 2011 1. Deo Kumar S/O Sri Purushottam Misir R/O Flat No. 375, Block-6, Sector-6 LIG Housing Colony, Bahadurpur, P.S. Agamkuan, Distt. Patna 2. Ratan Kumar S/O Late Mahesh Prasad R/O Moh-Q No.7 Road No. 5 Orthodox Chamber, R, Block P.S. Sachivalay Distt. Patna 3. Neeraj Anand S/O Sri Arun Kumar R/O Moh-157,Aparna Bank Colony Phase-2, Ram Jaipal Path, P.S. Rupaspur, Distt. Patna 4. Sanjay Kumar S/O Sri Nand Kishore Prasad R/O Vill- Dhamauli Bigha, P.S. Bena, Distt.-Nalanda 5. Sanjay Kumar Rawat S/O Sri Raj Kishore Rawat R/O Moh-Adalatganj, Shiv Mandir, P.S. Kotwali, Distt.-Patna 6. Awadhesh Kumar Singh S/O Late Rajinder Singh R/O B-25, Vyas Nagar, P.S. Rajiv Nagar, Distt.-Patna 7. Manish Kumar S/O Sri Baiju Prasad Singh R/O Vill- Agarpur, P.S.-Lalganj, Distt.- Vaishali 8. Sanjeev Kumar S/O Sri Kameshwar Prasad Singh R/O Moh-Rajbanshi Nagar, P.S. Shastri Nagar Distt. Patna 9. Navin Kumar S/O Sri Bashisth Deo Tiwary R/O Moh-B-36 Vyas Nagar P.S. Rajiv Nagar, Distt. Patna 10.Shushma W/O Dr. Ram Rekha R/O Road No.21 D, Rajeev Nagar P.S. Rajeev Nagar, Distt- Patna 11.Surya Narayan Ram S/O Sri Ram Lakhan Ram Raman R/O H.No.-158, Kautilya Nagar, P.S. Airport, Distt. Patna …Petitioners Versus The State Of Bihar through the Cabinet Vigilance …OP ----------- 4/ 24.11.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. Prosecution case is that the petitioners were beneficiaries in corrupt selection process by the Bihar Legislative Assembly. Allegation was that the petitioners had obtained less mark but their marks had been increased subsequently by the authorities giving them undue benefit. The allegation is based on a chart produced by one Sri Utpal Das Gupta, but admittedly the same was unsigned. Authenticity of the same was considered by this 2 Court in CWJC No.6412 of 2005 and other connected matters and it was opined to be suspicious. Considering that the petitioners are now gainfully employed in government service and there is no chance of their absconding during trial or tampering with the prosecution evidence, it is ordered that in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Special Case No.26 of 2011 arising out of Vigilance P.S. Case No.28 of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-1, Patna, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)