IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53083 of 2008 JAYAKANT UPADHAYAYA, son of Shri Satya Narayan Upadhyaya, village kharaich, PS Khaira, district Jammui, at present residing at Ratan Jyoti Shivaji Path, Yarpur, PS Gardanibagh, Dist. Patna .. Petitioner. Versus STATE OF BIHAR THRU.VIG. ----------- 3 19.2.2009 Heard the parties. The petitioner apprehends his arrest in a case under sections 420, 468, 409, 471A, 167, 170 and 109 of the Penal Code, sections 13(2) read with section 13 (1) (d) (c) of the Prevention of Corruption Act and sections 4 and 10 of the Bihar Examination Conduct Act, 1981. This case relates to large scale bungling in allocating marks to persons who had appeared in Madhyama examination of 2007 held by the Bihar Sanskrit Shiksha Board. Twenty four persons have been made accused in this case. These twenty four persons fell in four categories, that is, (a) the Directors who are higher officials and Incharge of over all works, (b) the Coordinators who collect the answer books from the examination centre and are responsible for taking the answer books to be examined, (c) the Directors who are Incharge of the evaluation centre and (d) the Assistants whose duty is to look after the answer books in the strong rooms at the examination centre. The petitioner is an Assistant. The allegation against him is that he was responsible for the strong room at the evaluation centre and he did not provide standard mark sheet folios. 2 Learned counsel for the petitioner submits that petitioner has faced a departmental proceeding (Annexure 4) wherein he has been exonerated after an enquiry was held by the then Dist. Education Officer. No final decision has been taken in the departmental proceeding because of the present criminal case. It appears that the coordination and the evaluation was done by the examiners and there is large scale bungling in allocation of marks in the answer books and subsequently in the tabulation register. The petitioner was neither assigned the role of preparing the tabulation chart nor was responsible for supervising the evaluation at the examination centre. Considering the aforesaid facts the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in Special Case No. 24/2008 (Patna Vigilance Case No. 33/2008) on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Special Judge Vigilance, Patna subject to the conditions laid down under section 438(2) of the Cr.P.C. with the condition that he must present himself before the trial court as and when required and if he absents himself even for a single date without cause, his bail bond shall stand cancelled. haque (Sheema Ali Khan, J.)