Ranjeet Prasad & Anr. vs The State Of Bihar Through The on 12 September, 2011

Patna High Court – Orders
Ranjeet Prasad & Anr. vs The State Of Bihar Through The on 12 September, 2011
                              Cr. Misc. No.22958 of 2011
                   1. Ranjeet Prasad son of Late Umesh Kumar R/o village- Habibipur,
                       P.S.-Parwalpur, District- Nalanda &
                   2. Amrendra Kumar Singh S/o Sri Dev Brat Prasad Singh R/o village-
                       Dhuabe, P.S.-Sanokhar, District- Bhagalpur    ...Petitioners


           The State Of Bihar through the Cabinet Vigilance                             ....OP

3/ 12.09.2011 Heard learned counsel for the petitioners and the State.

The petitioners seek anticipatory bail in a case instituted

for the offence under sections 420, 467, 468, 471, 477-A, 201, 120-

B of the Indian Penal Code and section 13(2) read with section

13(1)(d) of the Prevention of Corruption Act.

The petitioners were appointed in various capacities in

Govt. through a selection process conducted by Bihar Legislative

Assembly. It was alleged by the Vigilance in the First Information

Report that as per the Coding Chart produced by an employee of

Bihar Legislative Assembly the petitioners had obtained 19 and 40

marks respectively which was increased to 60 and 62 marks. In the

chart incorporated in the First Information Report, there are two

columns under the heading of ‘Marks obtained in the answer sheet’

and ‘Marks entered in the marks list’ and there is no disparity in

either of them. It is an admitted position that the chart produced by

Sri Utpal Das Gupta was unsigned and had no authenticity which

fact was also considered by this Court in C.W.J.C. No.6412 of 2005

and other connected matters.

Considering the entire conspectus of the case as also the

fact that the petitioners are gainfully employed in government

service, it is ordered that in the event of surrender of the petitioners,

named above, within four weeks from the date of receipt of a copy

of this order in connection with Special Case No.26 of 2011 arising

out of Vigilance P.S. Case No.28 of 2011, they shall be released on

anticipatory bail on furnishing bail bond of Rs.5,000/-(five

thousand) each with two sureties of the like amount each to the

satisfaction of the Special Judge, Vigilance-I, Patna, subject to

conditions as laid down under section 438 (2) Cr. P.C., and (i) That

one of the bailors will be a close relative of the petitioners, who will

give an affidavit giving genealogy as to how he is related with the

petitioners. 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 date fixed for charge and

if they fail to do so on two given dates and delay the trial in any

manner, their bail will be liable to be cancelled for reasons of misuse

and (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.

JA/-                                            (Anjana Prakash,J.)

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