IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14873 of 2011 GIRISH KUMAR SAH Versus THE STATE OF BIHAR THROUGH VIGILANCE ----------- 02. 12.05.2011 Heard learned counsels for the petitioner, informant and the State. Petitioner being clerk in the DTO office at Patna at the relevant time is apprehending his arrest in a case registered under Sections 465, 466, 467, 468, 406, 409, 420, 471, 474, 477A, 120B of the I.P.C. as well as Section 13(2) read with Section 12(1) (d) of the Prevention of Corruption Act. The accusation relates to the transfer of ownership of vehicle hypotheticated and registered outside the State by the DTO office, Patna at the behest of the then MP. It is submitted by learned senior counsel for the petitioner that initially the petitioner was neither named in the F.I.R. nor charge sheeted rather he was made a chargesheet witness when the initial chargesheet was filed on 29.11.2006 but it appears that subsequently the complicity of the petitioner surfaced as he made certain entries by anti dating, hence requisition for issuance of warrant has been filed in 2010 against the petitioner. 2 It is submitted by learned senior counsel for the vigilance that it was found that this petitioner anti dated the entries in the records of the DTO office, Patna to the beneficiary of the alleged transferee of the vehicle. Learned senior counsel for the petitioner submits that after four years of the institution of the case and submission of the chargesheet now the petitioner is sought to be implicated. Learned counsel for the petitioner undertakes that petitioner will cooperate in the investigation and will make himself available as and when required by the vigilance. Considering the fact that petitioner initially being a chargesheet witness but after four years of the institution of the case is sought to be implicated, let the petitioner namely Girish Kumar Sah, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Special Judge- 1st Vigilance, Patna in connection with Special Case No. 40 of 2006 arising out of Vigilance P.S. Case No. 48 of 2006. 3 The violation of undertaking given by the petitioner before the Court will give liberty to the vigilance to file appropriate application for cancellation of bail of the petitioner. Shageer ( Dinesh Kumar Singh, J)