IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40016 of 2008 1. NIRAJ KUMAR RUKHIAYAR, son of Late Jamuna Prasad Rukhaiyar, resident of Flat No.122,Road No.2, Raj Banshi Nagar, P.S. Shasti Nagar, District Patna 2. JITENDRA KUMAR, son of Late Sri Krishna Ram, resident of Mohalla Wahidganj, P.O. Arrah,P.S.Arrah, District Bhojpur (Bihar) -----Petitioners Versus STATE OF BIHAR THROUGH CABINET VIGILANCE ----------- 2. 10.12.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Vigilance P.S. Case No.12/2000 corresponding to Special Case No.3/2000 for the alleged offences registered under sections 420, 465, 467, 468, 471, 477A, 109 and 120B of the Indian Penal Code and section 13(2) read with section 13(1)(a) of the Prevention of Corruption Act and section 4(2) of the Bihar Non- Government Physical Teachers’ Training College and Non- Government Primary Teachers’ Education College (Control & Regulation) Act. It is submitted on behalf of the petitioner that petitioner no.1 at the material time was an Assistant in the Human Resources Development Department and petitioner no.2 was the Section Officer in the said Department. It is submitted on behalf of petitioner no.1 that he being an Assistant on receipt of the report of the inspecting team regarding recognition of the Institute only dealt with the report and has no role in taking the decisive decision as to the 2 recognition of the Institute be given or not. It is further submitted that the allegation against the petitioner is that there was another file with respect to the same college regarding its recognition, but the same was not brought to the notice by the petitioner. In this regard it is submitted that the aforesaid alleged file was never handed over to him nor he was taken over the charge of the same. The petitioner had clarified in its official note that on being directed by the concerned Section Officer, who was petitioner no.2, to locate the file, it was also brought to the notice that earlier such file was there, which was sent to the higher official up to the Assistant Director of the Department and thereafter the file did not come to the Section concerned. On behalf of petitioner no.2 it is submitted that he being the Section Officer had forwarded the note submitted by the Assistant dealing with the report of the Inspecting Team and as such petitioner did not give any notings on the merit of the report regarding its recognition or otherwise. As a matter of fact, on the notes of this petitioner, an attempt was made by the concerned Assistant to locate the earlier file. Earlier the file was dealt with by the then Assistant, namely, Manoj Kumar Sinha and after that it was dealt with by the petitioners. However, the file did not come back in the Section. Therefore, submission is that the petitioners are not liable to be proceeded criminally. It is further submitted that in this case another co-accused was the Deputy Secretary, namely, Ramjee, who was allowed anticipatory bail by order dated 25.8.2008, as contained in 3 Annexure 3 series, and another co-accused, who was the member of the inspecting team, namely, Darshrath Tiwari, was also allowed bail vide order dated 28.07.2008, vide Annexure 3 series. The learned counsel appearing for the Vigilance opposes the prayer for bail and submits that the petitioners were also in collusion with other accused persons in getting the recognition of the said Institute on the basis of the said report for ulterior purposes and as such they do not deserve anticipatory bail. Considering the facts and circumstances, let the petitioner above named, in the event of his arrest or surrender in connection with Vigilance P.S. Case No.12/2000, corresponding to Special Case No.3/2000 within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Ist, Vigilance, Patna, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)