IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42558 of 2010 Naga Ram, Son of Late Mahadeo Ram, Resident of village- Bhit Bhairwan, P.S. Gopalganj, District Gopalganj Versus THE STATE OF BIHAR ----------- 02/ 26.03.2011 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with Special Case No. 33 of 2009 arising out of Vigilance P.S. Case No. 43 of 2009 dated 28.4.2009 registered for the offence under Section 13(2) read with Section 13(i) (e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the Act). From perusal of the First Information Report dated 28.4.2009, Annexure-2 itself, it is evident that petitioner superannuated whereafter the present case has been lodged. Earlier petitioner was taken in custody in connection with a trap laid on him in which he has been admitted to the privilege of bail by this Court under orders dated 11.1.2008 passed in Cr. Misc. No. 1342 of 2008, Annexure-1. As petitioner has already been taken in custody in connection with Special Case No. 33 of 2007, no useful 2 purpose will be served by taking the petitioner in custody in the present case at this stage as he has superannuated. Accordingly, appreciating the fact that petitioner has already superannuated, he is directed to surrender in the court below within four weeks from the date of receipt of a copy of this order in the court below whereafter he should be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Special Judge Vigilance-I, Patna in connection with Special Case No. 33 of 2009 arising out of Vigilance P.S. Case No. 43 of 2009, subject to the conditions as laid down under Section 438(2) Cr.P.C. Petitioner, however, is directed to appear in the said case without asking for any adjournment in the matter so that the trial for the offence under Section 13(2) read with Section 13(i) (e) of the Act as also the proceeding for confiscation of his properties under the Special Courts Act is concluded at an early date. Arjun/ ( V. N. Sinha, J.)