IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51559 of 2008 GYANENDRA KUMAR PANDEY @ GYANENDRA PANDEY, S/O Gopal Pandey, resident of Mohalla Anand Nagar, P.S. Kotwali, District – Baliya (U.P.). At present posted as Junior Engineer Rajpur Block District - Buxar Versus THE STATE OF BIHAR ------- 2. 23.01.2009 Heard Sri Tarakant Jha, Senior learned counsel appearing for the petitioner and Sri S.R. Haque, APP for the State. The allegation against the petitioner is that he had received a sum of Rs.3,08,970/- as advance towards renovation work entrusted to him in respect of a middle school, the total estimated cost of which was Rs. 3,43,300/-. There is no definite allegation as to what was the deficiency in the work and what could be its value or on what basis it could be said that the work was not up to the standard level. It has not even indicated in the FIR as was the submission as to what was the standardized level of the work of the department and how the work fell short of the same. Besides, the attention of the court was drawn by the learned Senior counsel to Annexure – 5 to the petition, which is letter written by the District Magistrate, Buxar to the S.P., Buxar in respect of the three cases including the present one by noting down the relevant documents the quality of work - 2 - and other aspects of the matter, recommended that it was not a fit case to be sent for trial and it will simply be the wastage of court’s time. Regard being had to the facts and circumstances, let petitioner Gyanendra Kumar Pandey @ Gyanendra Pandey be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Simari P.S. Case No. 70 of 2001. DKS/ (Dharnidhar Jha, J.)