IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31396 of 2011 1. Pankaj Kumar Rai @ Pankaj Kumar S/o Sri Hridyanand Rai 2. Sri Bhagwan Prasad S/o Late Ram Deo Prasad 3. Sanjay Kumar Singh S/o Sri Ram Narayan Singh 4. Rajeev Kumar Singh S/o Sri Yogesh Chandra Singh 5. Md. Firoz Akhtar Khan S/o Late Anwaar Khan 6. Prerna Kumari W/o Sri Sanjeev Kumar Singh 7. Rakesh Kumar S/o Sri Bimal Prasad 8. Sanjeev Kumar Singh S/o Sri Ramanand Singh 9. Rakesh Kumar Singh S/o Sri Birendra Nath Singh 10. Md. Sikandar Alam S/o S/o Shahzad Saheb 11. Arjun Kumar S/o Late Lal Bihari Rai Versus The State Of Bihar Through The with Cr.Misc. No.31642 of 2011 Satya Narayan son of Braj Kishore Singh Versus The State Of Bihar Through Vig ----------- 2. 21.9.2011 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 420, 467, 468, 471, 477A, 201, 120B of the Indian Penal Code and Section 12(2) read with 13(1)(d) of the Prevention of Corruption Act. The prosecution case is that the petitioners were appointed in various capacities in government through a selection process conducted by Bihar Legislative Assembly and later on, on enquiry their appointment was suspected to be without merit. Considering that the petitioners are now gainfully employed and the validity of appointment has been affirmed by this Court, let the petitioners above named be released on - 2 - anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Special Case No.26 of 2011 arising out of Vigilance P.S. case No.28 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance-I, Patna, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will undertake to furnish information to the Court about any change in address of the petitioners. (ii) That the affidavit shall clearly state that the petitioners are not an accused in any other case and if they are they shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioners are implicated in any other case of similar nature after their release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will be liable to be cancelled for reasons of misuse, (v) That - 3 - the petitioners will be well represented on each date if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )