IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31200 of 2009 DILIP KUMAR Versus THE UNION OF INDIA THRU. CBI. ----------- 2 10.9.2009 Heard Counsel for the petitioner and the Counsel appearing for the Central Bureau of Investigation. Allegation against the petitioner is that he entered into criminal conspiracy with other unknown persons and cheated the department of Railway to the tune of Rs. Five lakhs approximately. Counsel for the petitioner submits that during investigation it was found that it was only with respect to the pay bill of three persons that enhanced pay bill was prepared and over five months it was paid. It is submitted that since the petitioner has joined the Department recently, he has committed this error and when it was detected, it was corrected. Counsel for the petitioner has drawn my attention towards letter of Divisional Finance Manager, E.C. Railway, Danapur (Annexure-5) from which it transpires that in course of check of vigilance, only three items of excess payment of pay due to enhanced increment came to notice and recoveries have already been effected. - 2 - Considering all these facts and also that investigation is complete, prayer for anticipatory bail on behalf of above named petitioner is allowed. Let the petitioner surrender before the Court below within a period of four weeks from today, when he shall be enlarged on anticipatory 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., South Bihar, Patna in connection with Special Case No. 15/2008 ( R.C. No. 20 of 2008) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Petitioner will appear before the trial Court regularly on each and every date when the trial is fixed and he will not absent himself even for a single days without seeking permission from the Court once without sufficient cause being shown. His bail bonds shall be cancelled in case of absence on any single day. (Mridula Mishra,J.) A.kumar