IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.39143 OF 2008 UPENDRA KUMAR SINHA, SON OF LATE MAHENDRA PRASAD SINHA, RESIDENT OF VILLAGE CHANDPURA, POLICE STATION DESRI, DISTRICT VAISHALI AT PRESENT LAW IN-CHARGE, BIHAR SANSKRIT SIKSHA BOARD, PATNA VERSUS 1.STATE OF BIHAR 2.THE ADDITIONAL DIRECTOR GENERAL OF POLICE (VIGILANCE) BIHAR PATNA ******* 2 11.12.2008 Heard the parties. In this case, a supplementary affidavit has already been filed stating therein that co-accused Sunil Kumar Choudhary has been allowed anticipatory bail by order dated 28.11.2008 in criminal Misc. No. 40127 of 2008. A copy of the said order is produced before this Court. Let the same be kept on the record of this case. Learned Counsel for the petitioner submits that the primary allegation in the FIR is to the effect that there was wide scale irregularities in evaluating the answer sheets of the examinee and this petitioner who was the Assistant assisted during the evaluation process. He further submits that so far the irregularities are concerned, he is not connected, he has only assisted while bringing the boxes etc. It is further submitted that departmental proceedings against some of the co-accused were initiated but no departmental proceedings has been initiated against this petitioner and as such this 2 petitioner also deserves bail. Learned Special P.P., appearing on behalf of the Vigilance opposed the prayer for bail and submits that on account of deep routed malpractices committed by the accused persons in evaluation of the answer sheets in conspiracy with each other and as such the petitioner is not entitled to the privilege of bail. It is further submitted that the co-accused Navin Chandra Jha who was also the Assistant against whom departmental proceedings was initiated and his application for grant of bail was rejected. He further submits that this petitioner is very influential and as a matter of fact he managed to see that no departmental proceedings be initiated against him. Considering the facts and circumstances of the case, in the event of arrest/surrender before the Court below within a period of four weeks, the petitioner Upendra Kumar Sinha is directed to be released on bail in Vigilance Police Station Case No. 33 of 2008 (Special Case No. 24 of 2008) 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 1, Patna. Anand ( Shailesh Kumar Sinha, J.)