IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28885 of 2008 MAHENDRA RAI S/O LATE SHIV NARAYAN RAI, ASSISTANT ENGINEER HAJIPUR MUNICIPALITY, HAJIPUR.DISTRICT- VAISHALI – PETITIONER Versus STATE OF BIHAR ----------- 3. 01.10.2008 Heard learned counsel for the petitioner and learned counsel for the State as also learned counsel for the Vigilance, who assisted the Court on request. The petitioner retired as Assistant Engineer from Hajipur Municipality. A complaint was made with regard to possession of disproportionate asset by him by way of house property in 1996 by a private individual. The matter traveled before the Lokayukta. From order dated 26.9.2003 of the Lokayukta it is apparent that after hearing him as also the department of Vigilance, which also estimated the value of his house property as Rs. 9,99,599/- and on the basis of which Lokayukta arrived at prima facie conclusion. Based on the valuation made by the Vigilance, proceedings under the Income Tax Act were also initiated to explain his income which he did to the satisfaction of the Income Tax authorities. He stated to have retired in the year 2008 and the present F.I.R. has been lodged soon before his retirement, not by the Vigilance but by the State Police and the Vigilance is yet to be seized of the matter. The situation is the creation of the authorities themselves providing the opportunity to seek anticipatory bail. Having considered the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a - 2 - period of six weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in Hajipur Town P.S. Case No. 279 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. The petitioner shall be required to cooperate with the investigation by presenting himself before the authorities for the same, upon being called. Failure to do so shall amount to misuse of the grant of anticipatory bail when the prosecution shall be at liberty to seek custodial interrogation and any application for cancellation of the present bail shall be considered by the court below accordingly in accordance with law. Should the investigation be taken over by the Vigilance and/or charge sheet is submitted against the petitioner, in that event after submission of such charge sheet the petitioner shall be required to surrender and seek regular bail. Let a copy of this order be given expeditiously on payment of normal charges to the counsel for the Vigilance. AKS/ (Navin Sinha, J.)