IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22951 of 2011 Raj Kishore Rawat son of Sri Lallu Rawat, R/o Muhalla- North Mandiri, Near Dwarika School, P.S. Budha Colony, District- Patna, at present posted as Deputy Secretary, Bihar Legislative Assembly, Secretariat, Patna …Petitioner Versus The State Of Bihar through Cabinet Vigilance Bureau, Patna …OP ----------- 3/ 12.09.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 420, 467, 468, 471, 477-A, 201, 120- B of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. Allegation against the petitioner is that he as Deputy Secretary, Bihar Legislative Assembly participated in the selection process and gave undue favour to number of persons including his son. It has been submitted on behalf of the petitioner that this issue was adjudicated by this Court in CWJC No.6412 of 2005 and other related matters and by order dated 27.10.2010 this Court had accepted the plea of the petitioner that on the day his son had appeared in the selection process, he was on leave. This fact is disputed by the Vigilance on the ground that from the application filed by the petitioner for explaining his absence in Interview Board on that particular day he had written that he was going for his father’s treatment and had just added one line that his son was to appear in the interview which showed his malafide intention. Considering that for whatever reason the petitioner 2 abstained from the interview in which his son was allegedly selected, it is ordered that in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order in connection with Special Case No.26 of 2011 arising out of Vigilance P.S. Case No.28 of 2011, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)