Bharat Bhushan Sahay v. The State of Bihar

1. Uma Charan, Son of Shri Jagdish Prasad, resident of House No. 27, Road No. 5, Patel Nagar, P.S.-Shastrinagar, District-Patna.

2. Syed Muztaba Hussain, Son of Syed Imtiyaz Hussain, resident of House No. 50/96, Shastrinagar, P.S. – Shastrinagar, District-Patna. ..Petitioners. The State of Bihar through the Secretary, Vigilance (Cabinet) Department, Govt. of Bihar, Patna. Versus With Cr.Misc. No.3123 of 2009

Md.Sagihuddin Ahmad, S/o Late Malihuddin Ahmad, resident of Mohalla-Dargah Sah Arzan, Neem Tal, P.O.-Mahendru, P.S- Sultanganj, District-Patna-6.

Md. Danish, S/o Late Md. Gasshan, resident of Mohalla - Dargah Sah Arzan Neem Tal, P.O.-Mahendru, P.S- Sultanganj, District- Patna-6. Versus The State of Bihar through the Secretary, Vigilance (Cabinet) Department, Govt. of Bihar, Patna. With Cr.Misc. No.4912 of 2009 Binod Kumar Singh, Son of Late Dashrath Singh, Son of Late Dashrath Singh, Resident of Village and Post-Dhandiha, P.S.-Koilawar, District- Bhojpur, At present C/o Baleshwar Singh (Retired Post Master), Yarpur, Raj Putana Tola, Siwaji Path, P.S.-Gardanibagh, Post-G.P.O. Patna. The State of Bihar through the Vigilance Investigating Bureau, Versus Government of Bihar, Patna. With Cr.Misc. No.5232 of 2009

1. Dilip Kumar Paswan, Son of Ram Chandra Paswan, Resident of Village-Ghorghat, Post-Ghorghat, Police Staion-Haweli Kharkpur, District-Munger.

2. Nageshwar Chaudhary, Son of Laxuman Chaudhary, Resident of Village-Saluganj, P.O.+ P.S.-District-Nalanda.

Uma Kant Kumar, Son of Bhattu Prasad, Resident of Village- Gangti, P.O.-Bara, P.S. –Silaw, District-Nalanda. - 3 -

Binay Paswan, Son of Ram Briksha Paswan, C/o Assistant Director, Cane Development Joint Building, Muzaffarpur.

Munish Prasad, Son of Late Sukar Mahto, Sub Division Office Bihar Sarif, Nalanda.

Surendra Prasad Mehta, Son of Tarni Prasad Mehta, Resident of Salempur, P.O.-Suryagandha, District-Lakhisarai. Versus …..Petitioners The State of Bihar through the Vigilance Investigating Bureau, Government of Bihar, Patna. With Cr.Misc. No.5233 of 2009 Deepak Kumar Sinha, Son of Late Naresh Kumar Sinha, Clerk Fatuha Block, Patna Collectorate, Patna. Versus The State of Bihar through the Vigilance Investigating Bureau, Government of Bihar, Patna With Cr.Misc. No.6592 of 2009

1. Krishna Kumar Dutta, S/o Late Dukhharan Dev, R/o Vill. Manohar Bigha, P.O. Telhara, District-Nalanda.

2. Narayan Das, S/o Ras Bihari Das, R/o Vill. Maheshpur, P.S. Bhagwanpur, District-Begusarai.

3. Rameshwar Chaudhary, S/o Manik Chand Chaudhary, R/o Vill. Malik Chak, P.S. Bar Bigha, District-Sheikhpura. Versus The State of Bihar through the Cabinet Vigilance Department, Patna. ..Opp. Party. …Petitioners With Cr.Misc. No.8174 of 2009

1. Birendra Kumar @ Birendra Kumar, S/o-Late Anandi Ram, r/o- Village+P.O. Murliganj, P.S.-Murliganj, District-Madhepura. 2. Krishna Kumar, S/o- Rajeshwar Prasad Rai, R/o-Village Lawapur, P.S. Maner, District-Vaishali.

3. Anuj Kumar Barnwal, S/o-Late Nageshwar Prasad Barnwal, R/o Village- Madhopur, P.O.+P.S.-Vasudeopur, District-Munger.

4. Vijay Kumar, S/o-Sri Beer Narayan Singh, R/o-Village Vrindawan, P.O.-Veenapatti, P.S.- Murliganj, District-Madhepura.

5. Baliram Singh, S/O/- Awadh Bihari Singh, R/o Qtr. No. 19B Khagaul Road, Anisabad, P.S.-Gardanibagh, District-Patna. 6. Birendra Prasad Bhagat, S/o-Vishwanath Bhagat, Qtr. No. 757 L.B.S. Nagar, P.S.-Shastri Nagar, District-Patna. - 4 -

Devendra Kumar, S/o-Late Muni Lal Singh, R/o- Naya Tola, Kumharar, P.S. Agam Kuan, District-Patna.

Ravindra Prasad, S/o-Sri Misri Prasad, R/o-Road No. 2, Qtr. No. B/4 Water Tower, Near Daroga Prasad Roy Path, Patna.

Nityanad Rai, S/o- Sri Bhola Rai, R/o village Bhagwanpur, P.O. Pateputchain, P.S.-Basantpur, District-Saran at Chapra.

Annpurna Kumari, W/o-Sri Vinayak Kashyap, R/o- Village+P.O. Sonsa, P.S. Raghui, District-Nalanda.

Mohan Jha, S/o-Late Surya Narain Jha, R/o- Karmauli, P.S. Khajauli, District-Madhubani.

Chandra Shekhar Prasad, S/o- Late Ram Swarup Singh, R/o- Village Mouli Nagar, P.S. Maner, District-Patna. Versus …..Petitioners. The State of Bihar through the Addl. Director General, Cabinet Vigilance Investigation Bureau, 6 Circular Road, Patna. For the petitioner …Opp. Party. ------------ : Mr. Ashok Kumar Chaudhary, Advocate Mr. Ranjeet Kumar, Advocate Mr. Kamran Ahmad, Advocate. ------------

26.02.2009 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners in all these anticipatory bail applications are apprehending their arrest in Special Case No. 30 of 2005 arising out of Vigilance Case No. 19 of 2005 registered under Sections 420, 467, 468, 471, 477 & 120B of the Indian Penal Code and Section 10 of the Examination Act, 1981. Petitioners appeared in the Examination being conducted by B.P.S.C. for appointment to the post of Deputy Collector against the vacancy advertised in Advertisement - 5 - No. 04 of 2003. Allegation against these petitioners is that they indulged in abnormal erasing as such this is suspected case of mass bungling in the examination. Considering the fact that similarly situated persons who are alleged to have used eraser 71 to 79 times have already been granted bail by this court in Cr. Misc. No. 36224 of 2008 and Cr. Misc. No. 42307 of 2008.

Petitioners being similarly situated persons are also entitled for bail. Accordingly, petitioners namely, Bharat Bhushan Sahay, Kehsab Prasad Singh & Sushil Kumar Singh (Cr. Misc. No. 6314 of 2009), Shiv Shanker Paswan (Cr. Misc. No. 49893 of 2008), Arvind Kumar Sinha (Cr. Misc. No. 250 of 2009), Naushad Ahmad (Cr. Misc. no. 1554 of 2009), Gorakh Nath Singh (Cr. Misc. No. 1587 of 2009), Uma Charan & Syed Muztaba Hussain (Cr. Misc. No. 1670 of 2009), Md. Sagihuddin Ahmad, Cr. Misc. No. 3123 of 2009, Binod Kumar Singh (Cr. Misc. No. 4912 of 2009), Dilip Kumar Paswan, Nageshwar Chaudhary, Uma Kant Kumar, Binay Paswan, Munish Prasad & Surendra Prasad Mehta (Cr. Misc. No. 5232 of 2009), Deepak Kumar Sinha (Cr. Misc. No. 5233 of 2009), Krishna Kumar Dutta, Narayan Das & - 6 - Rameshwar Chaudhary (Cr. Misc. No. 6592 of 2009), Birendra Kumar @ Bijendra Kumar, Krishna Kumar, Anuj Kumar Barnwal, Vijay Kumar, Baliram Singh, Birendra Prasad Bhagat, Devendra Kumar, Ravindra Prasad, Nityanand Rai, Annpurna Kumar, Mohan Jha & Chandra Shekhar Prasad are granted anticipatory bail in connection with Special Case No.

30 of 2005 arising out of Vigilance Case No. 19 of 2005 in case of their appearance before the Vigilance Judge No. 1, Patna within four weeks from today and on their furnishing bail bonds of Rs. 10,000(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Vigilance Judge No. 1, Patna subject to the conditions as laid down under Section 438(2) Cr. P.C. They are granted anticipatory bail with conditions that they will participate in trial without making themselves absent. They will participate in the trial regularly if they found absent without showing any cause or without permission from the court concerned their bail bonds shall be liable to be cancelled. Vikash/- (Mridula Mishra, J.)