IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19847 of 2008 SMT.MINATI GUPTA Versus STATE OF BIHAR THRO.VIGI. ----------- 3. 16.09.2008 Heard learned counsel for the petitioner and the State (Vigilance). Petitioner is an accused in Vigilance P.S. Case No. 038 of 1997 corresponding to Special Case No. 45 of 1997 for the offence registered under Sections 467,468, 471, 409, 109, 120B of the Indian Penal Code and Section 5 (2), 5(i) (D) Prevention of Corruption Act, 1947 corresponding to Section 13(2), 13(i)(D) of the Prevention of Corruption Act, 1988. The allegation is that petitioner who is the proprietor of the firm, namely, M/s Rocks and Ricks was to supply the medicines worth Rs. 4 lacs approximately as detailed in the FIR, however, on physical verification of the stock, it was found that medicines supplied were found to be short for an amount of Rs. 1,50,000/- approximately. It is submitted on behalf of the petitioner that there is no allegation on the part of the petitioner that she made the short supply. The allegation in the FIR is to 2 the effect that on verification of the stock register it was found that the medicines, said to have been supplied by the petitioner, was not found in the stock and the stock register also did not show that the medicines were supplied to any other places, as such, the learned counsel for the petitioner submits that petitioner cannot be held responsible for having shortage of medicines in the stock of the department. Notwithstanding the above, petitioner claims that her firm is well reputed and has respectability in the commercial market, and as such, subject to the final result of the case petitioner is prepared to pay the reasonable amount against the alleged short supply without prejudice to his rights and contentions. A similarly situated co- accused have allowed anticipatory bail as per order dated 28.08.2008 passed in Cr. Misc. No. 23486 of 2008 and analogous cases as well as by order dated 5.12.2007 passed in Cr. Misc. No. 45456 of 2007. Learned counsel appearing for the Vigilance Department, on the other hand, submits that the allegations is serious against the petitioner of making the short supply. 3 Considering the submissions of the parties as noticed above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner Smt. Minati Gupta be released on bail on furnishing bail bonds 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. 038 of 1997 corresponding to Special Case No. 45 of 1997 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. It is however, made clear that one of the conditions for grant of anticipatory bail to the petitioner will be that the petitioner shall deposit a sum of Rs. 75,000/- in the court of Special Judge, Vigilance – I, Patna on the date of her surrender/appearance and produce the receipt showing such payment. The amount deposited by the petitioner will be subject to result of the case. Jagdish/- ( Shailesh Kumar Sinha,J.)