IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.828 of 2009 1. Mithalesh Kumar, son of Jai Prakash Narayan Sharma, resident of village Sarshu, P.S. Atari, District Gaya. 2. Jai Karan Rajbanshi, son of Late Videshi Rajbanshi, resident of village Chainpura (Mohara), P.S. Atari, District Gaya. 3. Karu Rajbanshi , son of Late Amarit Rajbanshi, resident of village Rangpur Chandrashekhar, P.S. Atari, District Gaya 4. Ram Kailash Ram, son of Chhasun Rajbar, resident of village Tapshi Nagar (Mohara), P.S. Atari, District Gaya………………………………………………..Petitioners. Versus The State of Bihar, through its Vigilance……………Opposite Party. ----------- 02/ 24.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under sections 420, 467, 468, 471, 409, 406, 210 and 120B of the Indian Penal Code as well as 7, 8 and 13(2) read with 13(1) (d) of the Prevention of Corruption Act. Learned counsel for the petitioners submits that they are P.D.S. dealers and the allegation against the petitioners and several other such dealers was that they were paying less but in the government records it was shown that they were paying more in order to facilitate the supply of a larger quantity of food grains to them. Learned counsel for the petitioners further submits that the petitioners obtained supply of food grains more than the price therefor had been paid by them. He also states that they had already paid the difference amount. 2 Although learned counsel appearing for the vigilance submits that several petitions for anticipatory bail with regard to co- accused persons have been rejected by this court, but no order could be produced. On the other hand, learned counsel for the petitioners submits that score of similarly accused persons have been enlarged on bail, after their petition for anticipatory bail, by this court, including Cr.Misc.No.42057 of 2008 (Sachidanand Singh V. The State of Bihar through vigilance) vide order of this court dated 03.12.2008 (Annexure-2). Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioners, namely, Mithalesh Kumar, Jai Karan Rajbanshi, Karu Rajbanshi and Ram Kailash Ram shall be released on bail on furnishing bail bonds of Rs.10,000.00(Rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Special Judge (Vig.) Ist, Patna in connection with Vigilance P.S. Case No.39 of 2008, subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)