IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1707 of 2010 RAM YATAN PRASAD, SON OF LATE BUDHAN PASWAN, RESIDENT OF VILLAGE- TEKUNA, P.O.-BAGDAHA, POLICE STATION-BODH GAYA, DISTRICT-BODH GAYA. …..Petitioner. Versus THE STATE OF BIHAR THRU. VIG. …..Opposite Party. For the Petitioner : Mr. Kanhaiya Pd. Singh (Sr. Adv.). For the State : Spl. P.P. (Vig.). ----------- 02/ 15.02.2010 Heard learned Counsel for the petitioner and learned Counsel for the Vigilance. The petitioner is accused of the case which has been registered under Sections 109, 120B, 201, 409, 420, 465, 467, 468, 471 and 477A of the Indian Penal Code and Section 13(2) read with Section 13(1)(c)(d) of the Prevention of Corruption Act. Between the financial years 1992-93 to 1994-95 a total sum of Rs. 1,80,000/- was sanctioned to the Excise Department but allegation is that under conspiracy of the petitioner and others withdrawal of Rs. 1,01,33,317/- through 389 bills were made. The petitioner was in conspiracy with other accused persons has also signed the bills of the Excise Department. It was found to be fake and no entry in the departmental 2 account register was made. Further allegation is that the illegal withdrawal of Rs. 20,39,905/- between 02.11.1994 to 10.03.1995 was made by the Excise Department where the petitioner was posted as Drawing and Disbursing Officer. Submission is that the petitioner while posted as Registrar in the department of Excise and Prohibition being the Drawing and Disbursing Officer has sent his full signature to the Treasury concerned. It is further submitted that the petitioner wrote confidential letter to the then Treasury Officer but the Treasury Officer kept mum and for which enquiry was made regarding such withdrawal and the petitioner was exonerated with the charges. It is further submitted that the petitioner is an old man of 70 years and on the similar facts and allegations another First Information Report was lodged in connection with withdrawal from Minor Irrigation Department and in that case the petitioner has been admitted to bail on 07.08.1996 vide Cr. Misc. No. 10713 of 1996. The departmental proceeding was also 3 challenged by one L.P.A. which was allowed and remitted back the matter for fresh consideration. Prayer for bail has been opposed by the learned Counsel appearing on behalf of the Vigilance who has submitted that full signature of the petitioner was found on the Treasury Bills, so his complicity is apparent. It has also been submitted that the petitioner has remained in custody only for two months. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from custody on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance Ist, Patna/successor court in connection with Vigilance P.S. Case No. 28 of 1996 corresponding to Special Vigilance Case No. 27 of 1996. kksinha/ ( Shyam Kishore Sharma, J.)