IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31730 of 2011 Prasant Kumar son of Sri Harish Kumar Bhagat Versus The State Of Bihar ----------- 3. 26.9.2011 The learned Counsel for the C.B.I. after seeking instructions about the Bihar Special Courts Act, 2009 submits that only public servant can be proceeded against the said Act. Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 420, 467, 468, 471, 120B of the Indian Penal Code and Sections 7, 11, 13(2) read with 13(1)(a) and 13(1)(d) of the Prevention of Corruption Act. The prosecution case is that even though loanees did not receive any implements for the scheme of the Bank, some firms get fictitious certificates with regard to supply of the same. The petitioner’s firm was one of it. Considering that the entire case is based on documents and the petitioner is in custody since 2.8.2011, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Special Judge, C.B.I., North Bihar, Patna in connection with R.C. No.22(A) of 2006 corresponding to Special case No.19 of 2006/ 37 of - 2 - 2011, subject to the conditions (i) That one of the bailors shall be local since the petitioner belongs to Bhagalpur district and the other bailor shall be the father-in-law of the petitioner. The bailors will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )