The court balanced the petitioner's responsibility as a government servant and the adequacy of evidence in granting anticipatory bail.

Anjana Mishra, J.

Heard Mr. P.K. Shahi, learned Senior Counsel for the petitioner and Mr. Ajay Mishra, learned Additional Public Prosecutor for the State.

2. Learned counsel for the Vigilance was also served with a copy of the present application for anticipatory bail but since the matter is being investigated by the S.I.T. (Special Investigation Team) of the State Government, the learned Senior Counsel appearing on behalf of the Vigilance has declined to appear in the present case. As such, the appearance of the learned counsel for the Vigilance is dispensed with.

3. Learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner is apprehending his arrest in connection with Special Case No. 32/2016 (arising out of Kotwali P.S. Case No. 270/2016) registered for the offence punishable under Sections 420, 465, 467, 471, 120B of the Indian Penal Code. Subsequently, Section 8, 9, 13(1)(e) read with Section 13(ii) of the Prevention of Corruption Act, 1988 was also added. It is submitted that on the basis of written report dated 06.06.2016 by one Shri Rajiv Ranjan Prasad Singh Ranjan, Director, Secondary Education, Government of Bihar, Patna, alleging, inter alia, that the intermediate examination of the year 2016 was conducted through out the State of Bihar with all fairness. However, it was discovered that a certain institution by the name of Vishundeo Rai College, Kiratpur, Rajaram Bhagwanpur, Vaishali, by adopting unfair means granted to the students, got the position 1 to 10 in the merit-list and secured top position in Science and Arts stream. The entire episode was highlighted through the electronic media across the State and, thereafter, the Bihar School Examination Board (hereinafter referred to as the ‘Board’) was called upon to answer the allegation. Accordingly, investigations were initiated against the said college. It has been averred that the Board had conducted the examination for the intermediate between 24th of February, 2016 to 5th of March, 2016 and the G.A. Inter College, Hajipur had been fixed as Examination Centre for Vishundeo Rai College, Kiratpur, Rajaram Bhagwanpur, Vaishali, and the evaluation centre of the said institution was made at Balak High School, Rajendra Nagar, Patna. It was known to the Government that the District of Bhabhua and Arrah were the evaluation centres fixed for evaluation of institutions of the Vaishali district, but contrary to that, the evaluation of the aforesaid school was done at Balak High School, Rajendra Nagar, Patna, with the intention of providing benefits to the students of Kiratpur Mahavidhyalaya. The First Information Report also contains the description of the results of the topper students of the Vishundeo Rai College, Kiratpur. Accordingly, a First Information Report was registered bearing Kotwali P.S. Case No. 270/2016. However, in due course, with more and more anomalies surfacing, it came to be subsequently registered as Special Case No. 32 of 2016 under Sections 420, 465, 467, 468, 471, 120B, 188, 201 of the Indian Penal Code and subsequently Section 8, 9, 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 was also added.

4. Learned Senior Counsel for the petitioner further submits that in pursuance of the aforementioned First Information Report, investigations were initiated and conducted including prosecution and investigation against the Chairman of the Board. The petitioner is the son-in-law of the said Chairman of the Board and on account of certain statements made in course of investigation, he is also facing prosecution for his complicity in the alleged irregularities having been committed at the said examination.

5. Learned Senior Counsel appearing on behalf of the petitioner submits that the petitioner is a young man having started his career as a Senior Section Engineer at Danapur Division, East Central Railways having qualified at the Indian Engineering Services (IES) Examination. He submits that the i