IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ No.23 of 2006 Chhathu Lal Prakash & Ors Versus The State Of Bihar & Ors ---------------------------------- 11 16.12.2011 Heard learned counsel for the petitioners as well as Vinay Kirti Singh, learned Additional Standing Counsel for Bihar State Electricity Board, learned lawyer for vigilance. Two writ petitions bearing Criminal Writ No.23 of 2006 as well as Criminal Writ No.269 of 2008 for analogous hearing on the ground that both two cases carries common question of law. After having Division Bench judgment of this Court as reported in 2011(1) PLJR 1064, petitioners have referred and further pleaded that the ratio decided in the aforesaid judgment happens to be fully applicable in the facts and circumstances of the case. Therefore, both the writs are fit to be allowed. Learned lawyer appearing the vigilance filed supplementary counter affidavit and further submitted that so far Criminal Writ No.23 of 2006 is concerned, the ratio decided by the Division Bench as referred above is fully applicable, but also stated that happens to be crux of the supplementary affidavit that they intend to prefer SLP against the above referred judgment before the Hon’ble Apex Court. 2 Taking into account the submission made by learned counsel for the vigilance the prayer of the petitioners so far Criminal Writ No.23 of 2006 is concerned, is allowed. Consequent thereupon registration of Vigilance P.S. Case No.17 of 2005 giving rise to Special Case No.29 of 2005 pending before court of Special Judge, Vigilance, Patna is hereby quashed. As learned counsel for the vigilance did not accede with the applicability of ratio of the judgment delivered by Division Bench reported in 2011(1) PLJR 1064 with regard to Criminal Writ No.269 of 2008, the matter is taken up for hearing. Let this order be faxed to the court concerned at the cost of the petitioner of Criminal Writ No.23 of 2006. PN (Aditya Kumar Trivedi, J.)