IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.33075 of 2011 1. Sangeeta Kumari Singh W/O Dr. Chandra Kishore Prasad, R/O Mohalla - A/30, Abhiyanta Nagar, P.S. Rajeev Nagar, Distt. - Patna 2. Waseem Ahmad S/O Late Shakoor Ahmad, R/O Mohalla - M - 3/33, S.K. Puri, P.S. - S.K. Puri, Distt. Patna 3. Usha Kumari W/O Sri Bhagwan Singh Kushwaha, R/O Road No. - 27, Q No. – 3A / C P.S. - Gardanibagh, Distt. Patna 4. Mithilesh Kumar Mitra S/O Late Devi Lal, R/O Vill. - Badi Zameen, P.S.-Goradih, Distt. Bhagalpur 5. Praffull Chandra Paswan S/O Sri Ganesh Paswan, R/O Vill. - Siswa, P.S. Harpur, Distt. Munger …Petitioners Versus The State Of Bihar through the Cabinet Vigilance …OP ----------- 2/ 24.11.2011 Heard learned counsel for the petitioners and the State. The petitioners seek anticipatory bail in a case instituted for the offence under sections 420, 467, 468, 471, 477-A and 120-B of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. Prosecution case is that the petitioners were beneficiaries in corrupt selection process in the Bihar Legislative Assembly. Allegation was that the petitioners had obtained less mark but their marks had been increased subsequently by the authorities giving them undue benefit. The allegation is based on a chart produced by one Sri Utpal Das Gupta, but admittedly the same was unsigned. Authenticity of the same was considered by this Court in CWJC No.6412 of 2005 and other connected matters and it was opined to be suspicious. Considering that the petitioners are now gainfully employed in government service and there is no chance of their absconding during trial or tampering with the prosecution evidence, 2 it is ordered that in the event of surrender of the petitioners, named above, within four weeks from the date of receipt of a copy of this order in connection with Special Case No.26 of 2011 arising out of Vigilance P.S. Case No.28 of 2011, they shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-1, Patna, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) That one of the bailors will be a close relative of the petitioners, who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on date fixed for charge and if they fail to do so on two given dates and delay the trial in any manner, their bail will be liable to be cancelled for reasons of misuse and (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)