IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2678 of 2010 DHARMVEER KUMAR @ DHARMI, SON OF YUGESHWAR SINGH, RESIDENT OF VILLAGE KASBA, POLICE STATION-BAKHTIYARPUR, DISTRICT-PATNA. …..Petitioner. Versus THE STATE OF BIHAR THRU.C.B.I. …..Opposite Party. For the Petitioner : Mr. Shivendra Kr. Sinha For the State : Mr. Bipin Kumar (SCCBI). ----------- 02/ 11.02.2010 Heard learned Counsel for the petitioner and learned Counsel for the CBI. The petitioner is in custody since 07.12.2009 in a case registered under Sections 120(B), 420, 468 and 471 of the Indian Penal Code and Sections 13(2), 13(1)(d) of the Prevention of Corruption Act. Allegation is that this petitioner in conspiracy with the bank manager and other duped the bank, his conduct has caused a loss of Rs. 42,33,920/- approximately. Amount of Rs. 2,00,000/- was sanctioned and disbursed in the name of the petitioner. Submission is that the petitioner is not a public servant, so he cannot be prosecuted under Section 13(2), 13(1)(d) of the Prevention of Corruption Act. The direct benefit which can be said to have been acquired by the petitioner is only of Rs. 2 2,00,000/- and the petitioner’s wife has deposited the same amount and she has been granted anticipatory bail. Learned Counsel appearing on behalf of the CBI has opposed the prayer for bail of the petitioner and has submitted that the petitioner’s conduct has caused a grave loss to the Bank. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from custody 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 learned Special Judge, C.B.I., Bihar, Patna/concerned court in connection with Special Case No. 1 of 2008 arising out of R.C. Case No. 27(A) of 2002. kksinha/ ( Shyam Kishore Sharma, J.)