IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46974 of 2008 DEVESH KUMAR DIWAKAR son of Late Uma Kant Prasad, resident of Mohalla Chandmari (Motihari) near Kalawati Devi Nurse, P.S.- Motihari Town, District- East Champaran. Versus STATE OF BIHAR THROUGH.C.B.I, Bihar, Patna ----------- 5 09.02.2009 Heard learned counsels for the petitioner and the Special P.P. appearing for the C.B.I. The offence alleged is under sections 420, 467, 468,471, 474, 120B of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. The allegation against the petitioner is to the effect that while working as booking clerk in the Railway he is alleged to have sold fake railway tickets. It is submitted that the petitioner had joined as booking clerk on the said counter on 14.03.2007 whereas the tickets which were found fake as contained at sl. A were allegedly sold on 13.03.2007. It is further submitted that tickets which were found on the counter of the petitioner were supplied by the department, and there is no allegation that the petitioner had got printed those tickets, and as such, in case the tickets, as alleged are found to be fake, petitioner can not be held responsible for the same. Learned Special P.P. appearing for the C.B.I. 2 opposes the prayer for bail and submits that the petitioner’s application for anticipatory bail was earlier rejected by this Court. It is further submitted that in this case after investigation charge sheet has been submitted and the competent authority had sanctioned for prosecution of the petitioner considering all the facts. Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, C.B.I. North Bihar, Patna, in Special Case No. 5 of 2007 arising out of R.C. 6(A) of 2007 with condition that one of the sureties must be a close relative of the petitioner. Manish/- ( Shailesh Kumar Sinha,J.)