IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23486 of 2008 AKHILENDRA CHOUDHARY Versus STATE OF BIHAR THRO.VIGI. -With- Cr.Misc. No.23510 of 2008 RAJENDRA KUMAR SINGH @ RAJENDRA KUMAR SINHA Versus STATE OF BIHAR THRO.VIGI. ----------- 4. 28.08.2008 Heard the counsel for the petitioners and the counsel appearing for the Vigilance. Petitioner, Akhilendra Choudhary (in Cr. Misc. No. 23486/08) and Rajendra Kumar Singh @ Rajendra Kumar Sinha (in Cr. Misc. No. 23510/08) are partners of M/S Sinchem Laboratories, Betiya house Road, Gulzarbagh, Patna which is a Medicine Production Company. Allegation against the petitioners in the F.I.R. of Special Case No. 45/97 arising out of Vigilance P.S. Case No.38/97 is that through six bills, it is shown that the company has supplied medicines worth Rs 4,33,475/- but on verification of stock, the total supply was not found. Medicines were found in lesser amount, as such, it is alleged that in conspiracy with the then Civil Surgeon, the petitioners have committed offence u/Ss 467, 468, 471, 409, 109, 120B of the IPC and 5(2), 5(1)(d) P.C. Act corresponding to Section 13(2), 13(1)(d) of the Prevention of Corruption Act. Counsel for the petitioners submits that - 2 - allegation regarding lesser supply of medicines is not correct because it is shown in the supply register only because of ill- maintenance of the stock, lesser number of medicines were found in stock for which petitioners cannot be held responsible. It has also been submitted that with similar allegation one , Ram Gopal Kanodia, the Proprietor of another Medicine Company, who had also supplied medicines, has been granted anticipatory bail by the court vide order dated 05.12.2007 passed in Cr. Misc. No. 45456 of 2007. Case of these petitioners stands on similar footing. What I find that F.I.R. was instituted in the year, 1997 and charge sheet has been submitted after ten years i.e. 20.07.2007, investigation is already complete. As such, prayer for grant of anticipatory bail on behalf of the petitioners named- above is allowed. In the event of their arrest or surrender within six weeks from today, they will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with above-mentioned case to the satisfaction of Special Judge, Vigilance-I, Patna. One of the conditions for grant of anticipatory bail to the petitioners will be that they will deposit Rs 75,000/- (seventy thousand) each in the court of - 3 - Special Judge, Vigilance-I, Patna on the date of their appearance. The amount deposited will not cause prejudice to the case of the petitioners and it will be subject to the final order passed in the Vigilance Case. AKV/ (Mridula Mishra,J.)