IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3599 of 2011 1. BALMIKI SINGH SON OF LATE RAM AVTAR PRASAD, RESIDENT OF BESIDES SHIV MANDIR GALI SHEIKHPURA, P.S. HAWAI ADDA, P.O.- B.V. COLLEGE, DIST-PATNA. 2. PRIYANKA KUMARI WIFE OF SRI SANJAY KKUMAR RESIDENT OF SHEIKHPURA, SHANTILOK APARTMENT, A/402, P.S. SHASTRI RAGAR, DISTT- PATNA. --------------PETITIONERS Versus THE STATE OF BIHAR THROUGH VIGILANCE, INVESTIGATION BUREAU, PATNA., ----------------OPPOSITE PARTY ----------------------- 2 10.02.2011 Heard learned counsels for the petitioners, vigilance and the State. The petitioners are apprehending their arrest in a case registered under Section 7/13(2) read with 13(1) (e) (2) of the P.C. Act. The D.A Case was registered against the husband of petitioner no.2 namely Sanjay Kumar who was excise superintendent. Petitioner no.1 is the father-in-law and petitioner no.2 is the wife of said Sanjay Kumar. The house of Sanjay Kumar along with the houses of the petitioners were searched led to the recovery disproportionate assets, the vigilance filed the requisition before the learned Vigilance Court for issuance of warrant against the petitioner and consequently warrant was issued. It is submitted on behalf of the petitioners that maliciously the issuance of warrant of arrest has been prayed at - 2 - the behest of the vigilance. Learned counsel for the vigilance submits that it is a D.A case and complicity of the petitioners surfaced during the investigation and the petitioners are not cooperating during the investigation. Learned counsel for the petitioners undertakes that petitioners shall fully cooperate in the investigation. Let the vigilance inform the petitioners one week in advance for their appearance when the petitioners shall appear and cooperate with the vigilance. Considering the aforesaid submissions and undertakings, let the petitioner be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in Connection with Special Case No.62 of 2009 arising out of vigilance P.S. Case No. 86 of 2009 on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Court, Vigilance, 1st, Patna under the conditions as laid down under Section 438(2) Cr.P.C. Vigilance will be at liberty to file an appropriate application if the petitioners fail to comply the undertaking given before the Court. Amrendra/- (Dinesh Kumar Singh, J.) - 3 -