IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31065 of 2008 DAYA SHANKAR PANDEY, S/o Late Ram Briksha Pandey, resident of village- Fatehabad, P.S. – Paru, District – Muzaffarpur Versus THE STATE OF BIHAR THRU. VIG. ----------- 2 30.09.2008 Heard senior counsel for the petitioner and learned counsel for the Vigilance Department. The case is under Sections 420, 468, 409, 471, 477A, 167, 170, 109, 120B of the Indian Penal Code and Section 13(2) read with Section 13(1) (d) of Prevention of Corruption Act. From the long FIR, it appears that the petitioner’s role in the conspiracy is confined to supervision of evaluation of the answer- sheets. Petitioner was a member of the Board of Directors and in that capacity he was appointed to supervise the evaluation work at a centre. The names of other Supervisors are mentioned on page 2 of the FIR. It is stated that out of the nine persons named therein, Permanand Singh, Dayanand Jha, Kanhaiya Tiwary and Gauri Nath Mishra have been granted bail by this Court. The FIR contains general and omnibus allegation pointing out to some conspiracy for illegal gain and tempering with the evaluation of the answer-sheet for illegal benefit to the undeserving candidates and further allegation is with regard to drawing false TA and DA. Learned Senior Counsel for the petitioner has produced an order dated 29.08.2008 passed in a bunch of cases by this Court in Cr. Misc. No. 31335 of 2008. The order deals with the allegation in the FIR in detail and after considering the cases - 2 - of the petitioners before the Court, the Court found fit and proper to allow the applications and direct them to be released on bail. One Dayanand Jha was also one of the petitioner in the batch, who was also one of the Supervisors along with the petitioner. Learned counsel for the Vigilance Department has stated that there is omnibus allegation of conspiracy against all of them. However, no specific allegation could be pointed out by him with regard to the specific role played by this petitioner. In the circumstances following the said order dated 29.08.2008, and observations and considerations therein and in view of the fact that the other Supervisors have been granted bail by this Court, this application is allowed and the petitioner, namely, Daya Shankar Pandey is directed to be released 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 Special Judge, Vigilance I, Patna in connection with Vigilance P.S. Case No. 33 of 2008 (Spl. Case No. 24/08). Kundan (J. N. Singh, J.)