IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20147 of 2011 Manoj Kumar, S/O-Yadu Nandan Prasad Versus The State Of Bihar (Through the Vigilance ----------- 02 15.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 23.04.2011 in a case registered against him for the offence punishable under Sections 7, 8, 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988. Allegedly, petitioner was caught red handed accepting bribe of Rs. 25,000/-. The petitioner was working as Assistant Director of Agriculture at the time of the alleged occurrence. The contention of learned counsel for the petitioner is that the petition of allegation maker Manmohan Sravgi is not on the record nor it was produced by the Investigating Officer in course of investigation. His further contention is that the charge sheet has already been submitted against the petitioner on 20.06.2011 but up- till-now cognizance has not been taken. So, the remand of the petitioner is illegal in a view of decision reported in 1999 (2) PLJR, Page 364 in which the Division Bench of this Court has held that while a person was in custody, charge sheet has been submitted but learned Magistrate from time to time remanded such person to custody without taking cognizance- remand of such person without taking cognizance is illegal and in teeth of the provision of Section 309 (2) of the Cr.P.C.- person is liable to be released on bail. 2 Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Special Judge, Vigilance (North Bihar), Muzaffarpur in connection with Darbhanga Town P.S. Case No. 86 of 2011 corresponding to Special Case No. 08 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)