IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10761 of 2011 UMESH KUMAR Versus THE STATE OF BIHAR THROUGH C.B. I ----------- 03/ 23.05.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the CBI. Earlier prayer for bail of this petitioner was rejected vide order dated 14.2.2011 passed in Cr. Misc. no. 39/2011 but this second bail petition has been filed on the ground that the petitioner has suffered by remaining in jail custody near about six months and the allegation of misappropriation of government money has been found untrue. The contention of the learned counsel for the petitioner is that, no doubt, earlier prayer for bail of the petitioner was rejected by this court but co-accused, namely, Sanjay Kumar, has already been granted privilege of bail by another bench of this court and so far as petitioner is concerned, it is stated that he accepted bribe of Rs 6,000/- but, as a matter of fact, petitioner took the above stated money in discharging of his official duty as the allegation maker deposited the aforesaid amount for purchasing the stamps. Although learned counsel for the CBI opposed the bail petition and assured this court that he would produce witnesses within a very short span of time but report dated 26.4.2011 sent by the Special Judge, South Bihar, Patna reveals that up till now, charge has not been framed and the concerned court has sought one year time for disposing of the case of the petitioner. Taking into consideration the above stated facts and 2 circumstances as well as period of detention of the petitioner who is languishing in jail custody since 10.11.2010, let the petitioner, Umesh Kumar, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge CBI South Bihar, Patna in Special Case no. 7/2010 arising out of R.C. Case no. 23A/2010. shahid (Hemant Kumar Srivastava,J)