IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36675 of 2010 Vinod Kumar Vimal @ Binod Kumar Vimal Versus State Of Bihar Thru.Vigilance ----------- 02. 22.07.2011 Heard learned counsel for the petitioner and the Vigilance. The petitioner is aggrieved by the order dated 27th of August 2010, passed in Special Case No. 10 of 2010, pending in the court of Special Judge, Vigilance – I, Patna. It is submitted that petitioner was allowed conditional bail till the cognizance of the offence is taken in the case. It is further submitted that cognizance could not have been taken as the sanction order was not filed by the prosecution, however, it would appear from the order dated 20th of August 2010 that on producing the sanctioned order, the learned court below took cognizance of the offence on 20.08.2010. Petitioner had no knowledge about any notice/summons of the order taking cognizance. However, the court below by order dated 27th of August 2010, issued non bailable warrant of arrest. The petitioner, thus, aggrieved by the aforesaid order, prays for quashing the same. Learned counsel for the Vigilance, on the other hand, submits that petitioner was allowed bail till the order of taking cognizance and as such, petitioner ought to have remain present on the date when the cognizance was taken. Considering the submission of the parties, this application is disposed of. However, it will be open for the petitioner to surrender in the court below on or before 8th of August 2011, and he may file an application for bail after serving a copy to the Vigilance at lease five days advanced. In case such application is filed, the same may be disposed of in accordance with law on its own merit on the same day. Jagdish/- ( Shailesh Kumar Sinha,J.)