IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11443 of 2010 GOPAL SAH son of Sri Shivjee Sah, resident of village Namapur , Police Station Chakmaheshi, District Samastipur, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: M/s. A.K. Thakur and Amit Kumar, Advocates For the State : Mr. Prashant Tratap, JC to I/C Sp. PP (Vigilance) Vigilance ……. 2 29.04.2010 Heard learned counsel for the petitioner and learned counsel for the Vigilance Investigation Bureau. The petitioner is in custody and seeks bail in a case registered under sections 161, 420/34 of the Indian Penal Code. And sections 7 and 8 of the Prevention of Corruption Act. As per the allegation set up in the first information report, it is stated that the petitioner, who is a Ward Member, had accepted illegal gratification of Rs. 500/- for distribution of cheque with regard to Indira Awas Yojna to the flood affected victims from one Kamal Ram. It is submitted on behalf of the petitioner that since he is a Ward Member, due to political dispute he has been falsely implicated in this case. It is further submitted that two other accused persons, namely, Sathu Rai and one - 2 - another accused, have been granted bail vide order dated 12.11.2009 by this Court in Cr. Misc. No. 31302 of 2008. It is submitted on behalf of the Vigilance Bureau Investigation that there is direct allegation against the petitioner for accepting Rs. 500/- as illegal gratification. However, it is a common ground that chargesheet has been submitted in this case. Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, GOPAL SAH, to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, North Bihar, Muzaffarpur in Special Case No. 14/05 arising out of Chakmaheshi Police Station Case No. 42/05 with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, The petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial - 3 - without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC (Dr. Ravi Ranjan, J.)