IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29342 of 2008 SATYENDRA SAHAY Versus STATE OF BIHAR THRU.CBI.,PATNA ----------- 2 30.09.2008 Heard learned counsel for the petitioner and the C.I.B. The case is under Sections 120(B), (420), 467, 468, 471 and under Sections 13(2) read with 13(1) (d) of the P.C. Act which was registered and RC case no. 17(A) of 2005. The allegation in the case is with regard to the preparation of false bills of contractor, processing the same and payment taken by the contractor for no work done and without any supporting document in support of the bills. Learned counsel for the petitioner submits that in this RC No. 17(A) of 2005 there were eight accused including the petitioner, out of whom seven have been granted bail by this Court. The details of the bail application granting bail to the seven accused have been mentioned in Annexure 9 at page 31. The allegation against the petitioner is of processing of bills. Learned counsel submits that the allegation against the petitioner is of processing only three bills of the said contractor. It is not disputed that the other officers of the BSNL who prepared the bills submitted the same and who also processed other bills and passed the same and prepared the cheque for payment of the Contractor have been granted bail by this Court. Learned counsel for the CBI submits that the petitioner has a DA case also against him and therefore, his offence is graver. He - 2 - points out that one Babilas Hansdak, who has also a DA case against him was granted bail by this Court after 13 months. Learned counsel for the petitioner submits that the petitioner has already moved for bail in the D.A case, which is a separate matter. So far as in this case, except for the petitioner all the accused of RC No. 17 (A) have been granted bail by this Court, orders in respect of which have been produced by learned counsel for the petitioner for perusal. In view of the fact that all other accused of the case have been granted bail by this Court and the petitioner has remained in custody since 16.06.2008, the application is allowed. The petitioner, namely, Satyendra Sahay is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, C.B.I. (South Bihar), Patna in connection with Special Case No. 20 of 2005 (arising out of R.C. No. 17(A) of 2005). Kundan (J. N. Singh, J.)