IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43435 of 2009 SHYAM SUNDAR PRASAD Versus THE STATE OF BIHAR ----------- 3 19.2.2010 Heard learned counsel for the petitioner and learned counsel for the Vigilance. Petitioner is alleged for taking bribe which he is refusing and on that ground seeking anticipatory bail but its very maintainability is questioned by learned counsel for the Vigilance on the ground that he should first move the Special Court (Vigilance). There are two Vigilance Courts only in Bihar specifying their different areas. It appears that the Courts are not vigilant enough to send F.I.R. to Special Court (Vigilance) as it is reported that his prayer for bail by the Special Court (Vigilance) was refused on the ground of non-receiving of F.I.R. The Sessions Judge, Bhagalpur is directed to send the F.I.R. in connection with Kotwali (University) P. S. Case No. 340/09 within one month from the date of communication of this Order to the Special Judge (Vigilance) if really the case falls for offence under the Vigilance Act. 2 In the meantime, no coercive step shall be taken against the petitioner in connection with Kotwali (University) P. S. Case No. 340/09 pending in the Court of Chief Judicial Magistrate, Bhagalpur and the petitioner will ensure by moving the Special Court (Vigilance) for grant of bail. AI ( Mandhata Singh, J.)