IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18966 of 2009 NIRAJ KUMAR Versus STATE OF BIHAR ----------- 02 08.09.2009 Heard learned counsel for the petitioner and learned counsel for the Vigilance Department. Petitioner, who during the relevant time, was posted as sub- Registrar of Registration Department has approached this court seeking anticipatory bail in a case instituted under diverse Sections of the Penal Code as also under Sections 7,13(2) r/w 13(1)(d) of the Prevention of Corruption Act. Allegation precisely against the petitioner is that he registered two documents which did not disclose true figures relating to the construction existing thereon and the valuation of the land was improperly done showing the lands situated in Mohalla Basantbagh which has a lower Government valuation/rate. Learned counsel for the petitioner took this court through different annexure in order to show that at the instance of the informant, enquires were held by the Department as well as by the District Administration, whereafter it was found that the construction existing on the land in question were wrongly shown as 400 sq. feet in the enquiry report submitted by the subordinates of the petitioner. The amount, therefore, was subsequently realized. The matter travelled upto the Principal Secretary, Department of Registration. Annexure-9 is a communication issued by the Principal Secretary, Department of Registration to the Additional Director General (Vigilance) Investigating 2 Bureau, Bihar, Patna which indicates that there was some bonafide mistakes committed in the office which do not call for at least criminal proceeding. Learned J.C. in-charge Spl. P.P. submits that the investigation is currently going on and there is every likelihood of surfacing materials justifying prosecution against the petitioner. Having regard to the submissions advanced on behalf of the parties, this court is persuaded to protect the petitioner at least during investigation. In these circumstances, this court directs that the petitioner, above named, shall surrender in the court below within a period of 04 weeks from today whereafter he shall 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 the Special Judge, Vigilance- I, Patna in connection with Special Case no. 28 of 2009, arising out of Vigilance P.S. Case no. 38/09, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that the protection so granted to the petitioner is confined only to the period when the investigation is on. No sooner charge-sheet/final-form is submitted in this case by the Investigating Agency, the present order shall cease its force. Sym/ (Kishore K. Mandal, J.)