IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19175 of 2009 ASHOK SINGH Versus THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, VIGILANCE DEPARTMENT, GOVERNMENT OF BIHAR, PATNA ----------- 02 09.09.2009 Heard both sides. Petitioner who is Assistant Engineer in the Water Resources Department, has approached this Court seeking anticipatory bail, in connection with Special Case No. 57 of 2008, arising out of Vigilance P.S. Case No. 87 of 2008, instituted under Sections 406, 409, 467, 468, 471, 477/A, 120B of the Indian Penal Code and under Sections 7/8/13(2) read with Section 13 (1) (c) & (a) of the Prevention of Corruption Act. Mr. Giri, Senior counsel, appearing on behalf of the petitioner, submits that in the F.I.R. as many as 12 Engineers of the department were made accused, including the petitioner with certain allegations, respecting excess measurement and payment of amount to the contractor, who was executing the project. It is submitted that several other co-accuseds approached this Court for anticipatory bail and they have been given certain protection by this Court. One of such order was passed under order dated 27.8.2009 in Cr. Misc. 2 No. 9612 of 2002 has been handed in by learned counsel, the order is on record marked ‘X’. From perusal of the order, it appears, that they were granted protection till submission of charge-sheet. Learned counsel appearing on behalf of Vigilance does not dispute the position. Having regard to the fact that other co- accuseds have been granted protection by this Court, I am also inclined to extend the same protection/ privilege to the petitioner herein. Let the petitioner above named surrender before the court below within four weeks from today, then he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge Vigilance-1, Patna in connection with Vigilance P.S. Case No. 87 of 2008, Special Vigilance Case No. 57 of 2008, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. This protection shall be available to the petitioner till submission of Final Form/ Charge- sheet. No sooner Final Form/ Charge-sheet is submitted in this case by the investigating agency the bail so granted shall cease its force. It is 3 expected that the petitioner will fully cooperate with the investigation agency. The application is accordingly, disposed of. P.K. (K.K. Mandal, J.)