IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30749 of 2009 ANIRUDH PRASAD MANDAL Versus STATE OF BIHAR through the Vigilance Investigating Bureau, Govt. of Bihar, Patna ----------- 2. 11.09.2009 Heard counsel for the parties. The petitioner who was also one of the examinees of the First Limited Competitive Examination for the post of Deputy Collector held by the Bihar Public Service Commission in 2005, has approached this Court seeking protection under section 438 Cr.P.C. It is contended that lots of such accused persons who took the examinations, have since been granted the privilege of anticipatory bail by this Court. One of such composite order dated 26.02.2009 has been handed in by learned counsel for the petitioner which is on record marked as ‘Y’. It is next contended that the petitioner was not aware of the filing of the charge sheet. Subsequently, he made an application under section 205 Cr.P.C. before the learned trial court which was refused followed by issuance of non-bailable warrant of arrest. Mr. Ranjeet Kumar submits that petitioner had earlier entrusted the file to one of the practicing advocates in this Court but the application in his behalf could not be filed as the said counsel subsequently died. Learned counsel appearing on behalf of the Vigilance submits that there is inordinate delay in approaching this Court. He, however, admits the submission that several co-accused having 2 identical and/or serious allegations than the petitioner have since been released on anticipatory bail. In the facts and circumstances of the case, let the petitioner abovenamed in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Special Judge, 1st Patna in connection with Vigilance Case No.19 of 2005 (Special Case No.30 of 2005) subject to the conditions as laid down under section 438(2) Cr.P.C. with further condition that he will participate in the trial without making himself absent. If he remains absent at the trial without any sufficient or compelling reason, the trial court shall be at liberty to cancel his bail bonds and secure his arrest in accordance with law. hr ( Kishore K. Mandal )