IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28930 of 2009 KAMESHWAR NATH SINGH, Son of Shri Ramashish Singh, permanent resident of Village- Mahdah, P.S. Buxar Muffasil, District- Buxar. At present residing at Plot No. 114, Phase-1, Ashiana Nagar, P.S. Shashtri Nagar, Patna working as Executive Engineer, Department of Irrigation(Water Resource), Government of Bihar, Khutahna Division(Madhubani) on deputation at Kushaha Embankment................................................................Petitioner. Versus THE STATE OF BIHAR THRUUGH THE DEPARTMENT OF VIGILANCE...............................................................Opposite Party. ----------- 4. 12.01.2010. Heard the learned counsel for the petitioner and the Vigilance Department. The petitioner is aggrieved by the order dated 23.04.2009 by which the court below has granted bail to the petitioner till the cognizance is taken against him in this case. At the time of grant of bail, there was no order granting sanction for prosecution under Section 19 of the Prevention of Corruption Act, and as such, the Special Judge, Vigilance-1, Patna, has found that since there is no order of sanction, the detention of the petitioner in custody would be illegal. Thereafter, the court has proceeded to grant bail to the petitioner on the condition that the bail would be valid till the cognizance is taken against him. Learned counsel for the Vigilance Department has submitted that subsequently after the order of grant of bail, the Vigilance Department has obtained sanction for prosecution vide letter no. 4014 dated 07.10.2009, and as such, the petitioner can not take the advantage of the order passed by this Court vide Cr. Misc. No. 33606 of 2009 dated 16.09.2009 wherein this Court had held 2 imposition of condition of grant of bail till sanction order was submitted in the Vigilance case is illegal. The question herein is that the petitioner was granted bail on 23.04.2009 and on that date there was no order of sanction, and as such, the imposition of the condition that the petitioner has been granted bail till the cognizance is taken against him in this case is illegal in view of the order dated 16.09.2009 referred to above. In my opinion, facts of the case are fully covered by the order passed in Cr. Misc. No. 33606 of 2009 dated 16.09.2009. This application is, accordingly, allowed. U.K. (Sheema Ali Khan,J)