IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20702 of 2011 Fulo Ram, Son of Late Sarover Ram, resident of Village + P.O. Phulwaria, P.S. Kishanpur, District Saharsa. ---------- Petitioner Versus The State of Bihar through the State Cabinet Vigilance Bihar, Patna. -------- Opposite Party ----------- 03/- 29/08/2011 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioners. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 420, 465, 468, 471, 477(A) and 120-B of the Indian Penal Code and Section 13(2) r/w 13(1) (C) of the Prevention of Corruption Act, is one of the two named accused in this case being posted as a clerk at the relevant time in the office of District Superintendent of Education’s, Saharsa with allegation of getting certain orders issued for purchase of different furniture under signatures of other officials. Furnitures were supplied, but supplier remained unpaid giving rise to filing of a writ application at his instance, and ultimately, in view of the order of this Court passed in writ application, bearing no. C.W.J.C. 13220 of 2007, the matter was enquired into and case was instituted impleading the petitioner and supplier only as two co-accused persons. Submission is that co-accused i.e. the supplier has already been granted the privilege by a Bench of this Court vide order 2 dated 01.07.2011 passed in Cr. Misc. No. 13699 of 2011, as appears, mainly on the ground that no payment was made to him. Further, submission is that in fact the concerned officials under whose signatures and orders as tender etc. for supply of furniture are issued are not made accused nor any investigation is made against their conduct rather by way of a scape goat, petitioner has not only been implicated as accused in this case, but charge-sheet has also been submitted, simultaneously, departmental enquiry is also going on. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance – II at Patna, in connection with Special Case No. 27 of 2010 (arising out of Vigilance Case No. 75 of 2010), subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)