IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31014 of 2008 ASHOK KUMAR TIWARY Versus STATE OF BIHAR WITH Cr.Misc. No.31067 of 2008 PARMANAND SINGH Versus STATE OF BIHAR THRU. VIG. WITH Cr.Misc. No.31069 of 2008 KANHAIYA TIWARI Versus STATE OF BIHAR THRU. VIG. WITH Cr.Misc. No.31070 of 2008 GAURI NATH MISHRA @ BHASKAR Versus STATE OF BIHAR THRU. VIG. ----------- 2/ 26.09.2008 Since all the above four bail applications have arisen out of one occurrence i.e. Vigilance P.S. Case No. 33/2008, they have been heard together and are being disposed of by this common order. The case has been registered under Sections 420, 468, 409, 471, 477(A), 167, 170, 109 and 120 (B) of the Prevention of Corruption Act, 1988 and Section 4/10 of the Bihar Conduct of Examination Act, 1981. The case has been registered on the allegation that several illegalities, forgeries, use of unfair means, corrupt practices and mis- conduct with regard to registration of the examinees, conduct of examination, appointment of examiners, evaluation payment to different evaluation works were resorted to in Madhyama Examination, 2007 at different centres. Braj Nandan Singh, Uma Shankar Ram and Chhathu Ram - 2 - were the Directors of respective evaluation centres. The Board of Directors was constituted at each centre and persons were appointed as evaluators. Allegation is that on account of deep rooted conspiracy of the accused persons committed large scale irregularities and illegalities. Submission is that petitioner Gauri Nath Mishra @ Bhaskar was a member of Board of Directors for evaluation work, petitioner Kanhaiya Tiwari was the head master of Sanskrit High School and was one of the members of Board of Directors of Saristabad evaluation centre, petitioner Parmanand Singh was a member of Board of Directors of Shastri Nagar evaluation centre and Ashok Kumar Tiwary was the assistant in the Sanskrit Shiksha Board. The offences are covered under the provisions of Bihar Conduct of Examination Act, 1981, so there should not have been other Sections for the offence and such offences are covered under the provisions of the Act. Further submission is that there is no ambiguity at all and no financial benefit was provided to any person rather all the rules were followed in regular manner. It is not a case of any offence at all. Considering all the facts and circumstances other similarly situated accused persons Uma Shankar Ram (in Cr. Misc. No. 31335 of 2008), Ramawatar Singh (in Cr. Misc. No. 32827 of 2008), Dayanand Jha (in Cr. Misc. No. 31821 of 2008), Sanjay Kumar Singh (in Cr. Misc. No. 33773 of 2008 ) and Braj Nandan Singh (in Cr. Misc. No. 34511/2008) have been granted bail vide order dated 19.08.2008 by this Court. - 3 - Prayer for bail has been opposed by Special Public Prosecutor on behalf of Vigilance. Considering the facts and circumstances of the case, the petitioners Ashok Kumar Tiwary (in Cr. Misc. No. 31014 of 2008), Parmanand Singh (in Cr. Misc. No. 31067 of 2008), Kanhaiya Tiwari (in Cr. Misc. No. 31069 of 2008) and Gauri Nath Mishra @ Bhaskar (in Cr. Misc. No. 31070 of 2008) are ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance I, Patna in connection with Special Case No. 24 of 2008 arising out of Vigilance P.S. Case No. 33 of 2008. kksinha/ (Shyam Kishore Sharma, J.)