IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.635 of 2010 RAM ADHAR DAS Versus THE STATE OF BIHAR THRU. VIG. ----------- 2 20.9.2010 The petitioner seeks quashing the order dated 7.12.2007 passed by the Special Judge, Vigilance, Patna in Special Case No.11 of 2001 arising out of Vigilance P.S. Case No.11 of 2001 under sections 109, 120B, 420, 467, 468, 471 and 477A of the Penal Code read with section 13(2) and 13(1)(d) of the Prevention of Corruption Act. Learned counsel for the petitioner submits that the petitioner is a government servant and he is ready to appear in the case and cooperate with the trial of the court. He further submits that the Apex Court in the case of Indra Mohan Goswami & anr Vs State of Uttaranchal & Ors, reported in A.I.R. 2008 SC 251 has given certain guide lines to the court for issuance of non-bailable warrant to the accused. He further submits that this court had considered similar prayer in the case of Jainandan Sharma Vs State of Bihar in Cr.W.J.C.No.610 of 2009 and Dr. Ashok Kumar Thakur & anr Vs State of Bihar in Cr.W.J.C.No.559 of 2010 and quashed the common order dated 7.12.2007 issuing non-bailable warrant of arrest with the condition that the petitioner of that case would appear in the case on the next date and shall file a written undertaking that they shall appear in the case on all subsequent 2 KHAN dates and shall cooperate in the trial and shall not make any effort to tamper with the evidence. As the instant case arises of the same Vigilance Case, this court is inclined to grant similar indulgence to the petitioner as well. In the circumstances, this court deems it appropriate that the petitioner Ram Adhar Das should not be taken into custody pursuant to the order of the court below dated 7.12.2007. The non-bailable warrant of arrest issued pursuant to the said order is quashed subject to the condition that he will appear in the case on the next date and shall file a written undertaking that he shall not absent himself in the court below for two consecutive dates till three witnesses are examined in trial and shall not make any effort to tamper with the evidence. If such a written undertaking is given by the petitioner, he shall be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, South Bihar, Patna in connection with Vigilance P.S. Case No.11 of 2001 in Special Case No.11 of 2001. However, in case the petitioner breaches his undertaking, the court below will be at liberty to cancel his bail bond and take steps for his arrest. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J) 3