IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13238 of 2009 AKHTAR IMAM, S/o Late Md. Manzoor R/o village – Malmal, P.S. Kaluwahi, District – Madhubani, at present posted as Deputy Secretary, Science and Technology Department, Patna. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. With Cr.Misc. No.23156 of 2009 FULDEO SINGH @ PHULDEO SINGH @ PHULDEO SINHA, S/o Late Singhasan Singh, of village – Bairiya, P.S. Kalyanpur, District – East Champaran. ..... Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 04/ 15.10.2009 Heard the counsel for the petitioners and the State. Petitioners in these two applications are apprehending their arrest in connection with kesariya P.S. Case No. 49 of 1993 registered for offences under Sections 467, 468, 469, 471, 420 and 409/34 of the IPC. Akhtar Imam (petitioner in Cr. Misc. No.13238 of 2009) was posted as Circle Officer at the relevant time at Kesariya Block. Though, he is not named in the FIR, but after 17 years of the institution of the case, the S.P., Co-operative Vigilance Cell vide letter no. 288 dated 29.4.2008 directed the Investigating Officer to arrest Akhtar Imam and Fuldeo Singh @ Phuldeo Singh @ Phuldeo Sinha (petitioner in Cr. Misc. No. 23156 of 2009), who was the lawyer attached with Land Development Bank and had given opinion for - 2 - sanctioning loan. It has been submitted on behalf of Fuldeo Singh @ Phuldeo Singh @ Phuldeo Sinha that his role was limited to examine the documents presented and giving opinion on the basis of the documents. In case some forgery was committed at the earlier levels he cannot be held responsible for that. It is also submitted that during all these years no other evidence has come against him. Counsel appearing for Akhtar Imam has also made similar submission. Considering the delay in investigation and also that in all these years petitioners were never apprehended, prayer for grant of anticipatory bail on behalf of petitioners, namely, Akhtar Imam and Fuldeo Singh @ Phuldeo Singh @ Phuldeo Sinha is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each in connection with Kesariya P.S. Case No. 49 of 1993 to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions that they will co-operate in - 3 - investigation, in case the Investigating Officer seeks their co-operation and participate in the trial on regular basis, in case of non-appearance during trial without permission of the court and without showing any cause, their bail bonds shall be cancelled. DKS/ (Mridula Mishra, J.)