IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3054 of 2010 RAGHUNATH SHARAN Versus STATE OF BIHAR THRU.VIG. ----------- 2 8.4.2010 Heard Mr. Shambhu Sharan Singh, learned counsel appearing for the petitioner and Special P.P. for the Vigilance. Petitioner apprehends his arrest in connection with Vigilance case No. 36 of 2009 dated 9.4.2009 giving rise to Special Case No. 27 of 2009 registered under sections 420, 465, 468, 471, 477-A, 109 and 120 B of the Indian Penal Code and section 13 (2) read with section 13(1) (D) of the Prevention of Corruption Act 1988 and also under section 4(2) of Bihar Non Govt. Teachers Training College Act 1982. It is submitted by learned counsel for the petitioner that he has retired from the post of Principal, Govt. Teachers Training School, Saharsa in the year 1992 and is an old man aged about 78 years. According to the prosecution case petitioner along with one Shri B.N. Singh and Bireshwar Shrivastava had inspected a training institute and on the basis of their inspection report the institution in question was granted recognition, but subsequently on further inquiry recognition granted to the institution was cancelled. It is also submitted that with similar and identical allegations co-accused Babua Nand Sinha has been extended the privilege of anticipatory bail by order dated 29.10.2009 passed in Cr. Misc. No. 27723 of 2009 vide Annexure-4. Learned counsel appearing for the Vigilance Department has opposed the prayer for anticipatory bail and has pointed out that with the aid of section 120 B of the Indian Penal Code, petitioner has been made an - 2 - accused in the present case. However, he has conceded that there is no specific allegation about financial gain against the petitioner. Taking into considerations the facts that the petitioner, namely, Raghunath Sharan is a retired person, and similarly placed co- accused person has been extended the privilege of anticipatory bail vide annexure-4, in the event of his arrest or surrender in the court below within a period of four weeks from today, he shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Special Judge Vigilance, Ist, Patna in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman