IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36916 of 2008 SRI RAM CHARAN DUTTA MISHRA S/o- Late Chandra Shekhar Dutta Mishra R/o- Village – Sohsarai Biharsharif, P.S.- Son Sarai, District - Nalanda Versus STATE OF BIHAR ----------- 2. 27.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under sections 420, 467, 468, 469, 471, 120(B) and 109 of the Indian Penal Code and 13(2) read with 13(1) (d) of the P.C. Act 1988. A supplementary affidavit has been filed on behalf of the petitioner stating that the co-accused Navin Kumar and Ram Raman Singh have already been allowed anticipatory bail by this court as stated in paragraphs-2 and 3 of the supplementary affidavit. It is submitted on behalf of the petitioner that besides the above, the primary allegation is against the then Managing Director, Shri S.K. Sinha against whom the allegation is that he made all such irregular/illegal appointments for pecuniary - 2 - gain to the concerned persons. The petitioner at the relevant time, was Assistant Manager, Administration, who processed some of the proposals for consideration as per the rules. He further submits that there is no specific allegation against this petitioner of any recommendation for the pecuniary gain himself or for any other persons. It is further submitted that the petitioner retired from the service about 10 years back and at present he is aged about 70 years. Learned counsel for the Vigilance opposes the prayer for bail and submits that this petitioner was also in conspiracy with the co-accused S.K. Sinha who is Managing Director, in the matter of regularization/deputation/promotion of the concerned employees. It is further submitted that charge sheet has been submitted in this case and cognizance has been taken against this petitioner. As such, petitioner is not entitled to privilege of anticipatory bail. Having considered the submissions, as noticed above, and in the facts and circumstances of the case as well as the - 3 - averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, 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 Vigilance I, Patna in connection with Vigilance P.S. Case No. 28 of 1994 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)