IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17820 of 2009 TRIPURA CHARAN BANERJEE son of late Mukunda Banerjee, resident of Mohalla-4/28, Vivekanagar, P.S.-Kaswa, Santoshpur, Kolkata-700075, West Bengal. Versus STATE OF BIHAR THROUGH.C.B.I. ----------- 2. 16.7.2009. Heard learned counsel for the petitioner and learned counsel appearing for the C.B.I. The petitioner is an accused of a case which has been registered for the offence under sections 120B, 409, 420, 467, 468, 471 and 477A of the Indian Penal Code and sections 13(2) read with 13(1)( C )and (d) of the Prevention of Corruption Act. The petitioner is an accused in M.S.D.Scam with the allegation that while he was working as Superintendent (E` Section), Government Medical Store Depot. Kolkata during period 1993-94, he along with co-accused Randhir Mandal processed the fake and illegal indents received from District T.B. Centre, Chapra and supplied medicines. The indents were forged and the order was passed without observing necessary departmental formalities. In fact, proper medicines were not supplied and the department had to suffer a huge loss. Submission is that Randhir Mandal was head of the institution and he was the final passing authority. The petitioner had no role in either processing or approving the order. He has acted as per the rule. He is a man of 75 years of age. In one type of occurrence he was made accused in Spl. Case Nos.5 of 2000, 14 of 2004, 1 of 2004, 4 of 2004 and 15 of 2004 and in all these cases he was granted bail. - 2 - While opposing the prayer for bail, learned counsel appearing for the C.B.I. has submitted that it was the petitioner who has processed the illegal indents and supply was made. Considering this, charge sheet was submitted. It appears that in similar allegation the petitioner was granted bail. So, in this case also he (Tripura Charan Banerjee) is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., North Bihar, Patna in connection with R.C.- 3(A) of 2007-AHD-PAT dated 30.3.2007 corresponding to Special Case No.4 of 2007. Both the bailors must be local and substantial. Md.S. (Shyam Kishore Sharma,J.)