IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49917 of 2008 VIJAY KUMAR, son of Sri Sharveshwar Sharma, village Bhelura Rampur, PS Janipur, district Patna, presently posted as Clerk in the office of Assistant Director Semins Storage Centre, Bikramganj, Rohtas.. petitioner. Versus STATE OF BIHAR THRU.VIGILANCE ----------- 5 10-2-2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case under sections 420, 468, 471 and 477A of the Penal Code read with sections 13(2) and 15 of the Prevention of Corruption Act. The petitioner is a clerk in the Fisheries department. Several appointments were made by issuing transfer order. It is alleged that the Head Clerk and this petitioner were responsible for preparation of the list of persons who were appointed by issuing transfer letters. Learned counsel for the petitioner submits that the Head Clerk has been granted bail in this case although he was responsible for preparation of the final list. It is also submitted that the petitioner had faced departmental proceeding and in the said proceeding there is a finding that the petitioner was not directly responsible for preparation of the list, rather, he prepared the list as he was pressurized by the higher officials and accordingly has been awarded punishment of stoppage of increment of one year. Counsel appearing on behalf of the Vigilance Department submits that it was a conspiracy and all the persons concerned were responsible for issuance of such orders of transfer and the petitioner ought to have brought to the notice of the authorities that 2 such fake letters of appointment are being issued. Moreover, it has been submitted that the bail application of Jainand Sharma who was an Assistant in the office has been rejected by order, dated 16.10.2008 vide Criminal Misc. No. 30369 of 2008 and again on 28.1.2009 vide Criminal Misc. No. 2043 of 2009 and as such the petitioner’s case stands on the same footing. The records of the case aforesaid were called for by this court. It was pointed out by learned counsel for the petitioner that in the aforesaid case Jainand Sharma had perhaps not faced departmental proceedings whereas the present petitioner was awarded punishment of stoppage of one increment, along with a finding that the petitioner was not directly involved in passing the orders of appointment by transfer and as such he deserves bail. In the circumstances considering the fact and the order passed in the departmental proceeding, 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. 11/2001 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance I, Patna, subject to the conditions laid down under section 438(2) of the Cr.P.C. It is directed that the petitioner must make himself available for interrogation and appear in court as and when required. haque (Sheema Ali Khan, J.)