IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30812 of 2010 MADAN GOPAL PANDEY SON OF LATE JWALA PANDEY RESIDENT OF VILLAGE BANDU,P.S.NAWHATTA,DISTRICT ROHTAS AT PRESENT RESIDING AT DEHRI ON SONE,P.S.DEHRI(TOWN), DISTRICT ROHTAS(SASARAM) Versus THE STATE OF BIHAR THROUGH CABINET VIGILANCE DEPT. ---- For the petitioner : Mr. Om Prakash Pandey For the Vigilance : Mr. Arvind Kumar, I/C Spl.P.P. ----------- 4/ 03.11.2010 Heard learned counsel for the petitioner and learned counsel appearing for the Vigilance. The petitioner seeks bail in a case which has been registered for offences under Sections 409,420,468,471 and 120B of the Indian Penal Code and under Section 13(2) of the Prevention of Corruption Act. The present prosecution was lodged by the D.T.O.,Sasaram on the instruction of the District Magistrate, Sasaram alleging therein that the petitioner allotted new registration number of vehicle of Gaur Chandra Pal being the District Transport Officer, Dehri as W.G.O.2983 on the basis of forged and fabricated document. Further allegation was that Gaur Chandra Pal gave an application in form 33 for grant of new registration number but the papers were not properly verified and registration was granted though no objection certificate produced by Gaur Chandra Pal was found to be forged. Submission is that the petitioner at the vengeance of the then District Magistrate has been implicated in this case as he did not satisfy his whim when he was posted as District Transport Officer from 1987 to 1990. He had allotted new registration number according to practice prevailing in the Transport Office. He also relied upon the affidavit which was being relied from before. It has also been submitted that the petitioner has retired in the year 1996 and presently he is aged about 75 years. A number of cases of similar nature have been filed against the petitioner and in many cases he has been granted either anticipatory or regular bail by different orders of this Court. The petitioner is in custody since 19.04.2010 in the present case. The prayer for bail of the petitioner has been opposed by learned counsel appearing on behalf of the Vigilance Department. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance I, Patna in Special Case No. 82 of 1994 (arising out of Dehri (Town) P.S.Case No. 259 of 1994). Tahir/- ( Shyam Kishore Sharma, J.)