IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15336 of 2009 CHANDESHWAR SINGH Versus THE STATE OF BIHAR & ANR ----------- 2. 16.6.2009 Heard learned counsel for the petitioner and learned counsel for the C.B.I. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 120B, 409 of the Indian Penal Code as well as Section 13(2) read with 13(1)(c) and (d) of the Prevention of Corruption Act. Learned counsel for the petitioner submits that the allegation is that accused persons entered into a criminal conspiracy and defalcated the F.C.I. Stock of Paddy, wheat etc. and a surprise check was conducted by the committee constituted by the Area Manager, F.C.I., Gaya. Learned counsel for the petitioner further states that at the relevant time co-accused Nain Singh was the Manager Incharge of the Paddy Procurement Centre at Tekari and the petitioner was to work as per his direction only. Learned counsel for the petitioner also avers that the petitioner being the lowest employee was not supposed to take any decision of his own. Learned Counsel for the petitioner further states that the petitioner appeared before the C.B.I. several times and fully co-operated with the investigation and revealed all details regarding the illegalities committed by the said co-accused person Nain Singh, the Incharge of the Paddy Procurement Centre, Tekari, but he was not arrested 2 as he has co-operating with the authorities and had given necessary informations at all. On the other hand, learned Counsel for the C.B.I. vehemently opposes the contentions of learned Counsel for the petitioner and submits that the petitioner is one of the named accused person and charge sheet has been submitted against him and cognizance has also been taken by the court as there is specific allegation showing that petitioner was also responsible. However after considering the arguments of the parties, it appears that the petitioner has fully co-operated with the investigation of the case and had given necessary informations and was not the Incharge of the Paddy Procurement Centre, Tekari at the relevant time. In the said circumstances, 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, petitioner, namely, Chandeshwar Singh shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I., South Bihar, Patna in connection with Special Case No.18 of 2008 arising out of R.C.No.24(A) of 2008 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/ ( S. N. Hussain, J. )