IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16732 of 2009 MANDARESHWAR BHAGAT S/O-Late Lagan Bhagat, R/O-Vill-Babhangama, P.S.-Barahat, Distt.-Banka. ………………………………………Petitioner. Versus THE UNION OF INDIA THRU. CBI. …………………………………………..Opposite Party. ----------- 2/ 13.07.2009 Heard learned Counsel for the petitioner and learned S.C./CBI appearing on behalf Union of India. The petitioner seeks bail in a case which has been registered for the offence under Sections 419/420/467/468/471/120B of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Allegation is that Manoj Kumar Sah, Kailash Prasad Sah, Ram Prasad Sah and the petitioner have conspired and in pursuance of the conspiracy obtained appointment in favour of the accused persons who joined in different schools. Manoj Kumar Sah was accompanied by the petitioner who himself introduced as Subodh Kumar Das and his relative to 2 Baidyanath Sharma, the then BEEO, Baunsi, East Banka. The petitioner facilitated his brother-in-law Kailash Prasad Sah in joining as teacher in primary school impersonating as Arvind Kumar and at the time of joining Kailash Prasad Sah was accompanied by the petitioner. Submission is that the named accused persons were not sent up for trial by the prosecution. Allegation against the petitioner is merely hatching the conspiracy. The petitioner has no criminal antecedent. Learned S.C./CBI has opposed the prayer for bail of the petitioner and has submitted that the petitioner was the main person who was responsible for the occurrence. Considering the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten 3 thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (S) CBI, Patna/concerned court in connection with Special Case No.- 33 of 2005/RC 10(A) of 2005 arising out of Baunsi P.S. Case No.- 179 of 1997. kksinha/ (Shyam Kishore Sharma, J.)