IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33527 of 2008 RAJEEV KUMAR GUPTA @ DIMPLE KUMAR SON OF SHRI PREM CHAND GUPTA @ BHOLI, RESIDENT OF VILLAGE + P.S.- KATRISARAI, DISTRICT- NALANDA Versus STATE OF BIHAR THRU.CBI,A.C.B.I, A.C.B. PATNA ----------- Cr.Misc. No.37925 of 2008 DASHARATH CHOUDHARY @ DASHARATH PRASAD SON OF SHRI JAGDISH CHOUDHARY @ GANGU, RESIDENT OF VILLAGE + P.S.- KATRI SARAI, DISTRICT- NALANDA Versus STATE OF BIHAR (CBI) ----------- 2 22.10.2008 Heard learned counsels for the petitioners and the learned Standing counsel appearing for the Central Bureau of Investigation (C.B.I.). Petitioners are accused for the offence under sections 420, 120B of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 vide Special Case No. 11 of 2003 arising out of R.C. No. 15(A) of 2003. The allegation is to the effect that the petitioners along with other accused persons including the officials of the postal department booked a good number of V.P.L. and received illegal payments of large number of V.P.M.O.S. without fulfilling the promise made in the advertisement published in the newspaper. It has been submitted on behalf of the petitioners that during investigation no material could be collected - 2 - with regard to the allegation of utilizing fake postal stamps. It is further submitted that the only allegation against the petitioners is that they did not submitted the application in the prescribed format. It is further contended that the co-accused having similar allegations have been allowed anticipatory bail by this Court as per the order contained in Annexure-3 to the petition. Learned standing counsel appearing for the central Investigation Bureau (C.B.I.) submits that the offence committed by the petitioners is serious in nature. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Rajeev Kumar Gupta @ Dimple Kumar & Dasharath Choudhary @ Dasharath Prasad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, C.B.I., North Bihar, Patna in connection with Special Case No. 11 of 2003 arising out of R.C. 15(A) of 2003 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)