IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41769 of 2008 MD.RAFI Versus STATE OF BIHAR ----------- 3 18.12.2008 Heard learned counsel for the petitioner and for the Vigilance. The offence alleged is under sections 120B, 467, 471, 477A, 420 & 409 of the Indian Penal Code and section 5 (1)©(d) of the Prevention of Corruption Act, 1947 corresponding to section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988. The allegation, in nut-shell, is with regard to serious irregularities in the distribution of the cotton yarn to the weavers on the basis of a list of distribution, which was found to be a forged one, which ultimately resulted in loss to the public exchequer. It has been submitted on behalf of the petitioner that he was a technical officer entrusted with the duty to examine the quality of the yarn and has nothing to do with the supply and receipt of such yarn. It is further submitted that the petitioner joined the department on 08.09.1988 and remained in the office till June, 1994 whereas the alleged irregularities or illegal supply of cotton yarns were made prior to his joining. It is further contended that out of several co-accused persons, three persons were charge sheeted and in the charge sheet it has been spelt out that the charge of - 2 - irregularity in distribution and receipt of the cotton yarns have been found true. Besides the above, it is submitted that out of the three charge sheeted accused persons including the petitioner, two persons have been allowed anticipatory bail by this Court as per the orders dated 29.05.2008 & 25.07.2008, as contained in Annexure-3 (Series). Learned counsel appearing for the Vigilance opposes the prayer for bail and submits that the payments with respect to distribution of the cotton yarns were made on the recommendation of the petitioner. Learned counsel for the petitioner submits that on perusal of the charge sheet it would appear that the allegation with respect to distribution of the cotton yarns on the basis of a forged list were found true. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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, in connection with Vigilance P.S.Case No. 16 of 1998 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)