IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.370 of 2011 1. Santosh Tiwary @ Santosh Kumar Tiwary, son of Sri Chandrika Prasad Tiwary, resident of Village and Post- Radhia, Police Station- Govindganj, District- East Champaran. ………………………Petitioner. Versus The State of Bihar through C.B.I. ……..Opposite Party. ----------- 2. 27. 01. 2011. Heard learned counsel for the petitioner and learned counsel for C.B.I. The petitioner is apprehending his arrest in connection with R.C. 43(A) 1997 Pat. Special Case No. 23/1997 registered under Sections 120 B, 420, 409, 467 and 468 of the Indian Penal Code and Section 13(2) read with 13(1) (d) of Prevention of Corruption Act, 1988. The allegation against the petitioner is that supplementary charge sheet has been submitted against the petitioner that he manipulated in Physics answer book as an examinee while appearing in Combined Engineering Entrance Examination, 1996. It is alleged that answer of Physics have been copied out from the model answer and prepared by the question setter. The C.F.S.L., New Delhi vide his opinion no. 99/D.-447 has opined that the answer book has been written by the candidate himself. Since the answers are tallying with answers, it is thus established that this accused candidate has copied out his answers from model answers after the examination was over and freshly written answer book was replaced along with the 2 B flaps in the strong room of M.I.T., Muzaffarpur. Learned counsel for the petitioner submits that in similarly situated cases some of the accused persons have been granted bail. Learned counsel for the C.B.I. however, opposed the prayer for anticipatory bail on the ground that charge sheet has been submitted in the year 2004, but the petitioner is still absconding and process under Section 82 of Cr.P.C. has been issued against him. Having regard to the facts and circumstances of the case, the above named petitioner in the event of his arrest/ surrender within a period of four weeks from today 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, C.B.I., North Bihar, Patna, in connection with R.C. 43 (A),1997 Pat. Special Case No. 23/1997, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with a further conditions that one of the bailor shall be father of the petitioner and other bailor shall be near relative of the petitioner and petitioner shall appear and cooperate in trial on each and every date fixed in the case. However, any absence will be subject to satisfaction of the trial court on reasonable ground on petition filed by the petitioner. m.p. ( Gopal Prasad, J.) 3