IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36119 of 2008 1. Sanjay Kumar, son of Sri Baidyanath Prasad, resident of village- Professor Colony, Biharsharif, Dhaneshwar ghat, Police Station- Biharsharif, District- Nalanda. 2. Neeraj Kaushal , son of Sri Dwarka Prasad, resident of Village- Professor Colony, Biharsharif, Dhaneshwar ghat, Police station- Biharsharif, District-Nalanda. -----Petitioners. -Versus- The State of Bihar, though Vigilance……………Opposite party. ----------- 3. 12.01.2009. Heard the counsel for the petitioners and the counsel for the Vigilance. The First Information Report has been instituted for offences under Sections 120B, 420,384 and 34 of the Indian Penal Code and Section 3(2) read with Section 13(1) (d) of the Prevention of Corruption Act. Counsel for the petitioners submits that the petitioner no.1 Sanjay Kumar is not named in the First Information Report whereas the petitioner no.2 Neeraj Kaushal is named in the First Information Report. It is alleged that contract for the construction of Block Office was fraudulently taken by Bipin Choudhary and Niraj Kumar in the name of Surendra Prasad @ Surendra Singh who is a registered Contractor. This was done in connivance with the officials of the Building Construction Department. Counsel for the petitioners submits that Surendra Prasad @ Surendra Singh has already been granted regular bail in Cr. Misc. No.15052 of 2008 by order dated 25.4.2008. Surendra Prasad @ Surendra Singh has admitted that the contract work was taken by him, - 2 - he completed the work without using sub-standard materials. Surendra Prasad did not take this plea that using his name petitioners fraudulently took contract. Payment has also been made to Surendra Prasad after due enquiry.. Considering these facts and also that the petitioners are not the government servants against whom a case should have been filed for offences under Prevention of Corruption Act, prayer for Anticipatory bail on behalf of Sanjay Kumar and Neeraj Kaushal is allowed in the event of arrest or surrender within four weeks from today. The petitioners, Sanjay Kumar and Neeraj Kaushal are directed to be released on Anticipatory 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, Vigilance-1, Patna, in connection with Special Case No. 8 of 2008 arising out of Bind P. S. Case No. 16 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Mridula Mishra,J)