IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42340 of 2008 SANTOSH KUMAR son of Late Shankar Lal Lakkar Resident of Mohalla- Kot Bazar, Ward No.9, P.S.- Sitamarhi, District- Sitamarhi Versus STATE OF BIHAR ----------- 3 18.12.2008 Heard learned counsel for the petitioner and for the Vigilance. The offence alleged is under sections 409, 420, 467, 468,477A, 120B of the Indian Penal Code and section 5(2) read with sections 5(1)(D), 13(2) read with section 13(1)(D) of the Prevention of Corruption Act. Petitioner is a supplier of the relevant registers etc. on the orders of the co-accused who at the material time was the District Superintendent of Education. It has been submitted on behalf of the petitioner that there is no allegation that the petitioner made any short supply or has charged any excess rate. It is further submitted that the allegations, whatsoever, is against other co-accused persons who were the State officials. It is further contended that similarly situate co-accused Shoe Kumar Singh, who was also a supplier, has been allowed anticipatory bail as per the order dated 22.08.2008 passed in Cr. Misc. No. 22273 of 2008. Learned counsel has produced the certified copy of the said order, which is kept on record. - 2 - Learned counsel appearing for the Vigilance is not in position to refute the above submissions. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, North Bihar, Muzaffarpur, in connection with Special Case No. 108 of 2002 arising out of Vigilance P.S. Case No. 31 of 1999 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)