IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15743 of 2011 1. Ekhlak Sadique 2. Aftab Alam Both sons of Aiyub Haji, resident of village – Fatehpur, P.S. – Narpatganj, District – Araria. -------- Petitioners. Versus 1. The State of Bihar 2. The Director General of Police, Department of Vigilance, Patna, Bihar. -----Opposite Party ****** 06. 04.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The petitioners, apprehending their arrest in connection with Chhatapur P.S. Case No. 158/2009 (Spl. 3/2011) for offences under Sections 419/420/409/34 of the Indian Penal Code. In this case instituted against three persons. Petitioners name emerged during investigation as the person withdrawing respectively Rs. 57,500/- and 30,000/- with aid of missing cheques from Circle Office. Submission is that the moment they received notice they have deposited the amounts so withdrawn under the impression of being beneficiary of flood relief and under almost similarly situated circumstances co- accused Anil Thakur has already been granted privilege by a Bench of this Court vide order dated 07.09.2010 passed I Cr. Misc. No. 27632/2010. Moreover, petitioners have no criminal antecedent. If, it is so, considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above- named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Vigilance Special Judge, II, Patna, (S.D.J.M. Supaul), in connection with Chhatapur P.S. Case No. 158/2009 (Spl. 3/2011), subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)