IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11257 of 2011 MITHLESH KUMAR Versus THE STATE OF BIHAR THROUGH VIGILANCE ----------- 03/ 22.04.2011 Supplementary affidavit is filed on behalf of the petitioner to bring this fact that cognizance has not been taken in the case. Heard learned counsel for the petitioner as well as learned counsel for the Vigilance. Petitioner is in judicial custody in connection with Special Case no. 6/2011 arising out of Vigilance P.S. Case no. 10/2011 registered under sections 7/13(2) read with sections 13(I)(d) of the Prevention of Corruption Act. Learned counsel for the petitioner seeks bail on technical ground that in spite of submission of the charge sheet, the learned Special Judge has not taken cognizance of the offence and, therefore, remand of the petitioner is not legal and he can not be remanded in judicial custody without passing order of cognizance. To fortify his contention, he refers several decisions reported in 1998 (I) PLJR 782, 1998 (2) PLJR 770, 1999(2) PLJR 364 and 1977 PLJR 523. On the other hand, learned counsel for the Vigilance fairly concedes this fact that in spite of submission of charge sheet, the learned Special Judge has not taken cognizance in want of sanction order. Although there is allegation against the petitioner that he was caught red handed accepting bribe but when the learned court below has got no jurisdiction to remand the petitioner, I have no - 2 - option except to direct the learned court below to release the petitioner on bail. Accordingly, the petitioner, Mithlesh Kumar, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance I, Patna in Special Case no. 6/2011 arising out Vigilance P.S. Case no. 10 of 2011. It is made clear that if after sanction order, the learned court below takes cognizance and passes any order except cancellation of bail of the petitioner, this order would not give any impact on the aforesaid order. shahid (Hemant Kumar Srivastava,J)