IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35841 of 2011 1.Vashishtha Dev Tiwary son of late Radha Kant Tiwari, resident of B/36 Vayas Nagar, P.O.-Ashiyana Nagar, P.S.-Rajiv Nagar, Dist.-Patna, Bihar 2.Prushotam Mishra, son of late Kanandi Mishra, Resident of LF/6-375, Bahadurpur Housing Colony, P.S.-Asam Kauon, Kankarbagh, Dist.-Patna, Bihar Versus The State Of Bihar through Department of Vigilance Bureau. ----------- 2. 24.10.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under sections 420, 467, 468, 471, 477A, 201 and 120B of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. It is submitted that the petitioners are innocent. They have committed no offence much less offence as alleged. They were not the members of re-constitued appointment committee. They were posted as Deputy Secretary in the Bihar Legislative Assembly. They retired from service on attaining the age of superannuation in the year 2008 and 2007 respectively. The main accused of the case Sadanand Singh , Ex-Speaker of Bihar Legislative Assembly has already been granted anticipatory bail by order dated 12.9.2011 passed in Cr.Misc. No.19591 of 2011. Another co-accused Raj Kishore Rawat, who was also Deputy Secretary in Bihar Legislative Assembly and who had participated in selection process has also been granted anticipatory bail by order dated 12.9.2011 passed in 2 Cr. Misc. No.22951 of 2011. Similarly, co-accused Ranjeet Prasad and Amrendra Kumar Singh, who were appointed in various capacities through the selection process conducted by Bihar Legislative Assembly have also been granted anticipatory bail by order dated 12.9.2011 passed in Cr.Misc. No.22958 of 2011 by this court. Referring to the aforesaid orders, it is submitted that the case of the petitioners stands on much better footing to that of other accused persons who have been granted anticipatory bail by this court. Taking into consideration the aforesaid submissions, let the petitioners, named above in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance- 1, Patna in connection with Vigilance P.S. Case No.28 of 2011 corresponding to Special Case No.26 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and (i) that one of bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioners, (ii) That the petitioners will give an undertaking that they will receive the police papers on the given date and be present on the date fixed for charge and if they fail to do so on two given dates and delays the trial in any manner, their bail will 3 be liable to be cancelled for reasons of misuse (iii) That the petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled. Md.S. ( Ashwani Kumar Singh, J.)