In the High Court of Judicature at Patna Cr. Misc. No.27296 of 2008 Dasrath Tiwari Vrs. The State of Bihar **** /3/ 28.07.2008 Heard the counsel for the petitioner and the Vigilance. 2. Vigilance P.S. Case No. 12 of 2000 (Special Case No. 6 of 2000/3 of 2000) has been registered for offences under sections 420, 465, 467, 468, 477, 109 as well as 120B of the Indian Penal Code as well as Sections 3(2) read with 3(i)(d) of the Prevention of Corruption Act. The first information report was instituted with the allegation that the entire machinery of Education Department, including the Minister, Vice Chancellor, Principal, office bearers and the inspecting team of N.C.E.R.T have committed fraud and on account of omission and commission committed on their part, affiliation from the University was obtained with regard to the institutions in the B.N.Mandal University. So far this petitioner is concerned, he was member of the inspecting team constituted by the N.C.E.R.T. for inspection of the teachers’ training colleges. The report of this team was submitted on 06.03.1999. Counsel for the petitioner submits that even if the allegation, so far this petitioner presumed to be correct, there is no involvement in committing fraud for the reason that on the basis of this report, the institutions were not allowed to get the students appeared in the examination, as such, it can not be said that any loss or benefit has been suffered by any one. 3. Counsel appearing for the Vigilance has opposed to the prayer of the petitioner on the ground that earlier the petitioner has moved before this Court in the year 2005 in Cr. 2 Misc. No. 8951 of 2005. At that time, since investigation was going on the direction was issued that no coercive step should be taken against the petitioner till the conclusion of the investigation. Now, after investigation, charge sheet was submitted and cognizance has been taken against the petitioner, as such, he should not be granted anticipatory bail. The petitioner should be directed to appear before the concerned Court and considering the defence the Court should pass an order, so far the petitioner is concerned. 4. In any case the petitioner, Dasrath Tiwari, will have to appear before the concerned Court. Accordingly, the prayer for anticipatory bail on behalf of the petitioner is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Vigilance P.S. Case No. 12 of 2000 (Special Case No. 6 of 2000/3 of 2000) to the satisfaction of the Special Judge, Vigilance, I, Patna, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 5. It is made clear that the petitioner will cooperate in the trial and will never misuse the privilege of bail which has been allowed to him by this Court. S.A. ( Mridula Mishra, J. )