IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6399 of 2009 Shyamanand Sah, S/o Late Mauzi Lal Sah, resident of Village- Dhane Goraul, P.S.-Goraul, Distt.- Vaishali at present Senior Account Clerk in the office of Executive Engineer-Path Nirman Vibhag, Path Pramandal, Hajipur (Vaishali)……………Petitioner. -Versus- The State of Bihar through the S.P. Vigilance, Patna…..Opposite Party. -With- Cr.Misc. No.7338 of 2009 Shri Niwas Singh, son of Raghu Nath Singh, resident of Village- Mojhghat, P.S. Maghagarh, District-Gopalganj, at present posted as Clerk in the office of District Co-Operative Officer, Sitamarhi..Petitioner. -Versus- The State of Bihar through the Secretary, Vigilance (Cabinet) Department, Govt. of Bihar ……………………………………………..Opposite Party. -With- Cr.Misc. No.8439 of 2009 1. Mitali Chakrawarti, wife of Sri Dewashish Chakrawarti, resident of near Shekhpura More, P.S. Rampur, District-Gaya. 2. Kala Nand Singh, son of Late Ram Kishun Singh, resident of West Jhirwa, P.S. Simraha, District-Araria. 3. Vijay Kumar, son of Late Ram Sewak Singh, resident of Village- Maksudpur, P.S. Fatuha, District-Patna. 4. Awadhesh Kumar Singh, son of Late Khedan Singh, resident of Village- Aslempur, P.S. Daud Nagar, District-Aurangabad. 5. Prem Shankar Yadav, son of Late Jai Yadav resident of Village- Khawaspur, P.S. Krishnagarh, Bhojpur……………..Petitioners. -Versus- The State of Bihar through Vigilance………………Opposite Party. -With- Cr.Misc. No.8580 of 2009 1. Sheela Kumari, wife of Arvind Prasad, posted at the office of Dy. Labour Commissioner, Patna. 2. Md. Noor Alam, son of Late Md Shahid, resident of Village- Shital Bari, Semrahni, P.O. Serhawa, District-West Champaran. 3. Umesh Ranjan Dev, son of Ruplal Rawidas, resident of Village- Khar ura, P.S. Harnaut, District-Nalanda. 4. Santosh Kumar Nandkuliar, son of Sri Nand Kumar Nandkuliar, Resident of 34-R.S. Mishra Path, Near Triveni Apartment, East Boring Canal Road, Patna-1. 5. Shiv Kumar Prasad, son of Late Baleshwar Mahto, resident of Village-Rajakuan, P.S. Bihar Sharif, Nalanda …….Petitioners. -Versus- The State of Bihar through Vigilance ……………..Opposite Party. -With- - 2 - Cr.Misc. No.8879 of 2009 1. Thakur Ramashish Prasad, son of Sri Raghuvir Prasad, resident Village-Nadaul, P.S. Mashaurihi, District-Patna. 2. Dipak Sah, son of Late Tufani Sah, resident of Village-Mejarganj District-Sitamarhi. 3. Dinesh Kumar, son of Sri Hari Das, resident of Village-Dalisaman Chak, P.O. Bhathgaun, District-Patna. 4. Shyam Narain Singh, son of Ram Sagar Singh, resident of Village- Gurua, P.S. Gurua, District-Gaya. 5. Binod Kumar, son of Ram Briksh Rai, resident of Village-Parihar P.S. Parihar, District-Sitamarhi. 6. Sanjay Kumar Sinha, son of Late Harihar Pd. Sinha, resident of Village-Butijalagar, P.S. and District-Ranchi (Jharkhand). 7. Shyam Nandan Singh, son of Rameshwar Singh, resident of Village- Gawapur, P.S. Harpura, District-Aurangabad. 8. Binod Prasad Karn, son of Late Rajendra Prasad Karn, resident of Mohalla-Shashtrinagar, Opp. Jail Press, P.S. Rampur, District-Gaya. 9. Bimal Kumar, son of Late Harish Chandra Prasad, Collectrariat, Bettiah. 10. Mohan Kumar Sinha, son of Raghav Prasad, resident of Village- Yadavpur Nanhkar, Post-Karmawan, P.S. Dhaka, District-East Champaran. 11. Safdar Imam, son of Late Md. Hasibuddin, resident of Village- Pakribarawan, District-Nawada………………………Petitioners. -Versus- The State of Bihar through Vigilance………………….Opposite Party. -With- Cr.Misc. No.8887 of 2009 1. Tapeshwar Singh, son of Raghu Nandan Singh, resident of Village Dasrath Bigha, P.S. Railiganj, District-Aurangabad. 2. Subash Chandra Chaudhary, son of Sri Jamadar Chaudhary, Resident of Village-Bargachhia, P.S. Uchkagaon, District-Gopalganj. 3. Vijay Kumar, son of Sri Ram Prawesh Prasad, resident of Village- Lala Bhadsara, P.S. Dulhin Bazar, District-Patna. 4. Surya Narain Singh, son of Ramji Prasad Singh, resident of Village- Darura, P.S. Noor Sarai, District-Nalanda. 5. Ram Chandra Mandal, son of Late Bhola Mandal, resident of Village- Shankar Rohar, P.S. Baheri District- Darbhanga. 6. Rajeshwar Kumar Sharma, son of Prem Chnad Prasad, Resident of Mohalla-Chailitand, P.S. Gulzarbagh, Patna. 7. Ajay Kumar, son of Radhey Chaudhary, resident of Mohalla- Baignabad, P.S. Biharsharif, District-Nalanda. 8. Ranjit Kumar Sinha, son of Rajkishore Prasad Sinha, Resident of Village-Barmashiya, P.S. and District-Deoghar (Jharkhand). 9. Satrughan Ram, son of Ram Sharestha Ram, Resident of Village- Khopi, Block, Runi Saidpur, District-Samastipur. 10. Shyam Chandra Bhagat, son of Late Sargijit Bhagat, Resident of Village-Rohua, P.O. Block Sonbarsa, District-Samastipur. 11. Yadunath Singh, son of Gorakh Singh, Resident of Baily Road, - 3 - P.S. Danapur, Patna. 12. Md. Adibuddin, son of Late Md. Inamul Haque, Resident of Village- Kaitha, P.O. Dhamaol, Jamui…………Petitioners. -Versus- The State of Bihar through Vigilance. …………..Opposite Party. ----------- 2. 17.03.2009. Heard the counsel for the petitioners and the Vigilance. Petitioners though have not been named in the First Information Report of Special Case No. 30 of 2005 arising out of Vigilance P.S. Case No. 019 of 2005. They are apprehending their arrest. During investigation their names have also been roped in this case. Counsel for the petitioners submits that allegation against the petitioners is that they used eraser more than 80 times. The persons who used eraser for 50 times they have been exempted. Other similarly situated persons have been granted anticipatory bail. Considering these facts, the prayer for Anticipatory bail on behalf of the petitioners is allowed. In the event of arrest or surrender within four weeks from today, the petitioners Shyamanand Sah in (Cr. Misc. No. 6399 of 2009), Shri Niwas Singh in (Cr. Misc. No. 7338 of 2009), Mitali Chakrawarti, Kala Nand Singh, Vijay Kumar, Awadhesh Kumar Singh and Prem Shankar Yadav in (Cr. Misc. No. 8439 of 2009), Sheela Kumari, Md. Noor Alam, Umesh Ranjan Dev, Santosh Kumar Nandkuliar and Shiv Kumar Prasad in (Cr. Misc. No. 8580 of 2009), Thakur Ramashish Prasad, Dipak Sah, Dinesh Kumar, Shyam Narain Singh, Binod Kumar, Sanjay Kumar Sinha, Shyam Nandan Singh, Binod Prasad Karn, Bimal Kumar, Mohan Kumar Sinha and Safdar Imam in (Cr. Misc. No. 8879 of 2009), Tapeshwar Singh, - 4 - Subash Chandra Chaudhary, Vijay Kumar, Surya Narain Singh, Ram Chandra Mandal, Rajeshwar Kumar Sharma, Ajay Kumar, Ranjit Kumar Sinha, Satrughan Ram, Shyam Chandra Bhagat, Yadunath Singh and Md. Adibuddin in (Cr. Misc. No. 8887 of 2009) are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-1, Patna in connection with Vigilance P.S. Case No. 019 of 2005 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure on this condition that the petitioners will co-operate in the trial and will attend the court regularly. U.K. (Mridula Mishra,J)