IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16622 of 2010 MADAN PRASAD SHRIVASTVA S/O LATE HRIDAY NARAIN SHRIVASTAVA, RESIDENT OF 302, ASHIRVAD APARTMENT, NAGESHWAR COLONY, PATNA, P.S. KOTWALI, DIST. PATNA ….. PETITIONER. Versus THE STATE OF BIHAR THROUGH VIGILANCE ….. OPP. PARTY. ----------- 5. 9.9.2010 The petitioner is aggrieved by the order dated 23.12.2009, by which the Special Judge, Vigilance I, Patna in Special case No.58 of 2007 arising out of Vigilance P.S.case No.89 of 2007 has rejected the prayer of the petitioner for release of two original certificates of Government of India, tax free relief bonds each of Rs.50,000/- and two L.I.C. policies of Rs.60,000/- and Rs.50,000/- of annual premium of Rs.4989/- and Rs.4182/- respectively. The Counsel for the petitioner has submitted that from the first information report itself the assessment of the Vigilance department is that in his entire service tenure he had probably saved a sum of Rs.15 lacs and any amount over and above that, was in fact, disproportionate to his income. On these grounds the petitioner has sought release of the articles mentioned above and is ready even for executing indemnity bonds of the like amount including the interest amount. The Counsel for the Vigilance has submitted that in fact a confiscation proceeding has already begun and this amount was also in fact part of the disproportionate asset and, therefore, it should not be released. The further submission is that so far as the recovery of the bonds of certificates are - 2 - concerned, the investigation is still going on and, therefore, the articles sought to be released may not be released for these reasons. The Counsel for the petitioner has, however, countered the argument of the Counsel for the Vigilance stating that as per Section 5 of the Bihar Special Code Acts, 2009 there has to be a declaration of cases to be dealt with under this Act and since the same has not been done with regard to the present case there is no question of any confiscation proceeding having begun in this case. Considering the rival submissions and also the undertaking of the petitioner that he is ready to furnish indemnity bond of the like amount and undertakes to refund the said amount with interest within fifteen days when the court requires him to do, the application is disposed of with a direction to the Trial Court to release the two original certificates of Government of India, tax free relief bonds each of Rs.50,000/- and two L.I.C. policies of Rs.60,000/- and Rs.50,000/- of annual premium of Rs.4989/- and Rs.4182/- respectively on a surety determined by it on the undertaking mentioned above. The court concerned shall keep the photo copies of the documents as record of the present case. Narendra/ ( Anjana Prakash, J. )