IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18098 of 2009 AKSHAIVAR NATH MISHRA Versus THE STATE OF BIHAR THROUGH THE S.P., VIGILANCE ----------- 02 07.09.2009 Learned counsel for the petitioner and learned counsel for the Vigilance Department are present. Petitioner seeks anticipatory bail in a case instituted under Sections 109, 201, 420, 467, 471, 477A, 120B of the Indian Penal Code and Section 5(2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1947 corresponding to Section 13 (2) read with Section 13(1) (d) of Prevention of Corruption Act, 1988. This case relates to wholesome illegal appointment made in the Water Resources Department. So far as present petitioner is concerned, allegation is that while he was posted as Land Acquisition Officer, he made 09 such appointments. These appointments were made sometimes in the year 1988-89. The F.I.R. relating to these illegal appointments were lodged in the year, 1997. The Vigilance Department made extensive investigation and submitted charge-sheet in the year, 2007. Petitioner in the meanwhile retired from service in the year, 1989. It is 2 contended that petitioner did not make any appointment. The appointments were made on the approval accorded by the higher authority. It is next contended that similarly placed several co-accuseds have been released on anticipatory bail. One of such order is placed at Annexure-2. Learned counsel appearing on behalf of the Vigilance Department submits that the petitioner in the event of getting privilege of bail, must co-operate with the Investigating Authority as well as the Court in early disposal of the case itself. In the facts and circumstances of the case, the above named petitioner, in the event of arrest or surrender in the court below within four weeks from the date of receipt of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance-I, Patna in connection with Vigilance P.S. Case No. 04 of 1997, Special Case No. 06 of 1997, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. He must cooperate in early disposal of the trial. P.K. (K.K. Mandal, J.)