IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30325 of 2011 Hari Kishore Prasad, son of Late Umeshwar Pradesh, aged 78 years, resident of House No. 241, Road No. 3, New Patliputra Colony, P.S. – Patliputra Colony, Patna – 800 013. -------- Petitioner. Versus The State of Bihar Through Vigilance ------Opposite Party ****** 03. 03.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Special Case No. 10/2000 arising out of Khodabandpur P.S. Case No. 42/91 for offences under Sections 467/468/471/472/419/420 and 120B of the Indian Penal Code and subsequently added Section 5(1) as amended under Section 13(2) read with Section 13(1) of the Prevention of Corruption Act, 1988. In this case instituted against two persons. Petitioner’s name emerged during investigation with assertion that he being District Magistrate at relevant time, counter signed the cheque brought before him by subordinate hierarchy. Submission is that other two co-named accused are enjoying the privilege. Moreover, petitioner has retired in the year 1991 itself, for a very limited period he was posted there and simply counter signed the cheque which was passed through proper channel after verification by other concerns. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Special Jduge, Vigilance II, Patna, in connection with Special Case No. 10/2000 arising out of Khodabandpur P.S. Case No. 42/91, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)