IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8750 of 2010 SHYAM NARAIAN RAM Versus STATE OF BIHAR THRU.VIG. ----------- For the petitioner: Mr. Vikramdeo Singh, Advocate. For the State: Mr. Arvind Kumar, Spl. P.P. Vigilance. ----------- 2 30.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Special Case No. 27 of 2008 arising out of vigilance P.S. Case No. 39 of 2008 registered under sections 467, 468,471,409, 406, 201, 120 B , 420 of the Indian Penal Code as also under sections 7, 8, 13 (2) read with section 13 (1)(d) of the Prevention of Corruption Act. According to the prosecution case P.D.S. dealers of Gaya District in conspiracy with the officials of Bihar State Food Corporation of the Gaya District misappropriated a sum of Rs. 31,87, 170/-. Accused persons are alleged to have lifted food grains in excess quantity from the Godowns of Bihar State Food Corporations by manipulating certain documents. It is submitted that as a matter of fact subsequently almost entire amount, which was subject matter of criminal misappropriation, has been deposited by different P.D.S. dealers. It is also submitted that petitioner was not the P.D.S. Dealer and he was working on the post of Assistant Accountant and he is alleged to have not properly discharged his duty on the said post. By referring to annexure-2, it is submitted that co-accused Onkar Sharan Prasad with almost similar and identical allegation has been extended the privilege of anticipatory bail by a Bench of this Court by order dated 3.12.2008 passed in Cr. Misc. No. 45267 of 2008. It is highlighted that case - 2 - of the petitioner is quite distinguishable from the case of co-accused Rajdeo Singh, who appears to be main culprit for committing the crime in question. Learned counsel appearing on behalf of the vigilance though strongly opposed the prayer for anticipatory bail made on behalf of the petitioner, but has not disputed the factual aspect of the matter. The money which was the subject matter of criminal misappropriation, has already been deposited by other co-accused persons. Taking into consideration the facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of like amount each to the satisfaction of Spl. Judge, Vigilance-I, Patna in the above noted case subject to the conditions laid down under section 438(2) Cr.P.C. , subject to the further conditions: (a) That one of the bailors must be Govt. servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman