IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1768 of 2009 Ragho Lal Das, S/O Mukund Lal Das, resident of Mohalla-Sultan Pokhara, P.S. Farbisganj, District-Araria, presently posted as Head Clerk in the district of Sub -Registrar, Purea………Petitioner. -Versus- The State of Bihar through Vigilance……………..Opposite Party. ----------- 2. 6.3.2009. Heard the counsel for the petitioner and the Vigilance. Petitioner is working as Head Clerk in the office of District Sub Registrar, Purnea. His name has transpired in the F.I.R., on the basis of complaint made by one Braj Nandan Mahto that illegal gratification is being demanded for issuance of non-encumbrance certificate. Trap was arranged. From the possession of one Balram Singh Rs. 2000/- was recovered. Allegation is that Balram Singh used to receive gratification money on behalf of the petitioner. Counsel for the petitioner submits that Balram Singh is a retired clerk, so money recovered from his possession can not be presumed to be received at the instance of the petitioner. It is also stated that an internal enquiry was conducted by the District Sub Registrar, Purnea, in this regard and it was found that Brajnandan Mahto had not made any correspondence with District Sub Registry for issuance of non- encumbrance certificate. Considering these facts, the prayer for anticipatory bail on behalf of Ragho Lal Das is allowed. In the event of arrest or surrender within four weeks from today, the petitioner Ragho Lal Das is directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each - 2 - to the satisfaction of the Special Judge, Vigilance-II, Patna in connection with Special Case No. 33 of 2008 arising out of Vigilance Case No. 97 of 1998 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Petitioner will co-operate in the trial. In case of his absence without cause or without permission of the court his bail bond shall be cancelled. U.K. (Mridula Mishra,J)