IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43285 of 2009 Rajendra Prasad Singh, son of Shyam Lal Singh, Health Visiter, District T.B.Centre, Saran at Chapra. Present address C/o Shri Ashok Kumar, resident of Mohalla Sadhnapuri Chapra, Permanent Address Village and P.O. Punpun, District- Patna ……….. Petitioner Versus The State Of Bihar Through C.B.I. ………… Opp.Party With Cr.Misc. No.623 Of 2010 Jitendra Prasad Yadav, son of Late Singheshwar Prasad Yadav, resident of village and P.O. Basdila, P.S. Jalalpur, District- Saran ……….. Petitioner Versus The State Of Bihar Through C.B.I. ……….. Opp.Party ----------- 4. 26/02/2010 Heard learned senior counsel for the petitioner in Cr.Misc.No.43285 of 2009, Mr.Ashutosh Ranjan Pandey, learned counsel for the petitioner in Cr.Misc.No.623 of 2010 and learned counsel for the C.B.I. Petitioners are accused in R.C.No.3(A) 2007-AHD-PAT registered under sections 120(B), 409, 467, 468, 471, 477A of Indian Penal Code and section 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act. As per prosecution case, petitioners are involved in MSD Scam case in which it is alleged that large quantity of medicines were shown to have been purchased from Medical Store Depot, Kolkata on fake indents and purchase orders without proper sanction and authority of the - 2 - State Government. It is alleged that purchases were made by different Incharge, Health Centres, T.B.Centres etc. So far these petitioners are concerned, petitioner of the first case was Health Visitor- cum-Incharge Medical Store in T.B.Centre, Chapra. Petitioner of the second case was correspondence clerk. Allegation against them is that they were also involved in the forwarding of bogus indents without any authority or sanction of the State Government and without knowledge of the higher authorities. Learned counsels for the petitioners submit that petitioners are small fry and they had been only obeying the directions of the officers under whose control they were functioning and even if they have played some role in the matter that was of a very small magnitude. Learned counsel for the C.B.I. submits that it was a conspiracy and all persons and officers involved in the conspiracy are liable to be prosecuted and punished. He submits that charge sheet has been submitted against all the accused persons. Considering the position the petitioners - 3 - were holding in T.B.Centre, Chapra, both the applications are allowed. Let petitioners of both the cases be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge C.B.I. North Bihar, Patna in R.C.No.3(A)/2007 AHD, PAT, corresponding to Special Case No.04 of 2007 with conditions as laid down in Sub-Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Pradeep/ (J. N. Singh, J.)