IN THE HIGH COURT OF JUDICATURE AT PATNA
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
Versus
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
2
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.)