IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17999 of 2009 DWIVEDI AMAR KUMAR @ K.A.DWIVEDI Versus STATE OF BIHAR THRU.C.B.I. ----------- 2. 18.06.2009. Heard learned counsel for the petitioner and learned counsel for the CBI. This petition for bail has been filed by the petitioner, who is an accused for offences punishable under Section 120(B) of the Indian Penal Code read with Section 13(1), 13(2) of the Prevention of the Corruption Act and Section 136 of the Custom Act. Learned counsel for the petitioner submits that the petitioner is one of the inspectors and was a member of the team for checking the passengers and their goods. Learned counsel for the petitioner further states that the allegation is that in conspiracy with each other the members of the team instead of making proper checking and collecting custom duties from the passengers, chose to collect less custom duties and/or no custom duties from them which caused wrongful loss to the Government to the extent of Rs.1.25 lacs. Learned counsel for the petitioner also avers that assessment of loss in the custom duty chargeable from the goods had been prepared prior to arrival of the special team and hence the said assessment is imaginary and cannot be relied upon. Learned counsel for the petitioner further avers that the main accused and the leader of the team was Mr. S. S. Sahay who was the Superintendent of Custom (Headquarter) Patna and he has been enlarged on bail on the - 2 - orders of this Court dated 11.1.2008 passed in Cr. Misc. No. 54358 of 2007. Learned counsel for the petitioner also submits that no specific overtact has been alleged against the petitioner. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. Let the petitioner, namely Dwivedi Amar Kumar @ K. A. Dwivedi be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge South Patna in connection with CBI Case No. 31/2004 ( R.C. No. 28(A)2004). kanchan (S. N. Hussain, J.)