IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33606 of 2009 RAJ KISHOR SAH @ RAJ KISHORE SAH, son of Sri Jai Mangal Sah, village Baikathpur, PS Mushari, District Muzaffarpur – Petitioner. Versus THE STATE OF BIHAR THRU. VIG. ----------- 2 16.9.2009 Heard learned counsel for the petitioner and Mr. Rakesh Kumar representing the Vigilance Department. In this application the petitioner has challenged the order, dated 23.4.2009 by which bail was granted to the petitioner in Special Case No. 5/2009 till cognizance was taken in this case by Special Judge, Vigilance-1, Patna. Bail may be granted in a case for two reasons; one being that the court considers the materials which have come against the accused during investigation i.e. on merits of the case and the second reason for grant of regular or anticipatory bail would be that the accused concerned is not entitled to be retained in custody because of the law relating to the offence under which the petitioner is in custody. Under the Code of Criminal procedure there is a bar under section 167(2) to retain a person in custody if charge sheet is not submitted within a period of 60/90 days. In a case where the accused is released on bail under section 167 Cr.P.C., it is obvious that the court cannot impose a condition that bail is being granted till submission of the charge sheet as it would be in the teeth of the provisions of section 167 Cr.P.C. and against the intention of the legislature which enacted the provisions under section 167 of the Cr.P.C. 2 The court, of course, under section 309(2) of the Cr.P.C. may remand an accused already released on bail to appear and surrender before the court. In the present case learned counsel for the petitioner submits that the condition that the bail is granted till the order of cognizance is passed in the case would stand on the same footing as a case where bail is granted under section 167 of the Cr.P.C. as in both the situation bail is not granted on merit but is granted because of the law on the subject. In a case under the Prevention of Corruption Act, it is essential that sanction should be obtained from the competent authority before cognizance is taken and it has been held in a judgment of this court in 1998 (1) PLJR 482 that where sanction has not been obtained the order of cognizance is bad in law and detention in custody without an order of sanction is also bad in law. In the present case the court rightly granted bail to the petitioner who is accused in a case under Sections 7, 8, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. However, the order imposing a condition that the bail is granted till cognizance is taken in the case was obviously not warranted. Learned counsel for the Vigilance Department has brought to the notice of this court the statements made in sub- paragraph (f) of paragraph 3 of the petition filed on behalf of the petitioner which states as follows : “f. That by means of the order dated 23.4.2009 3 (impugned herein) the learned Special Judge, Vigilance-I, Patna while granting regular bail to the petitioner held that the petitioner would be released on bail till the time cognizance is taken against him in this case. On dated 29.6.09 investigating officer has submitted sanction order against Raj Kishore Sah in the Court and thereafter on the same date learned Special Judge, Vigilance took cognizance for the offence under section 7, 8, 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 against the petitioner and summon has been issued against the petitioner.” The fact that cognizance has been taken and summon issued would obviously require that the petitioner should appear before the court and take all necessary legal steps in the matter. However, this court is bound to alter the order impugned, dated 23.4.2009 by holding that it is completely unwarranted on behalf of the court below to impose the condition that bail has been granted till the order of cognizance. This application is accordingly allowed with the aforesaid observation. haque (Sheema Ali Khan, J.)