IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39128 of 2010 SARASWATI DEVI @ RISHIKALA DEVI W/O BHUNESHWAR PRASAD Versus STATE OF BIHAR with Cr.Misc. No.41878 of 2010 PIYUSH KANT MOHAN S/O LATE HARIBANSH NARAYAN Versus THE STATE OF BIHAR with Cr.Misc. No.39280 of 2010 HARE KRISHNA PRABHAKAR @ HARE KRISHNA PRASAD PRABHAKAR S/O BIHARI MAHTO Versus STATE OF BIHAR with Cr.Misc. No.41997 of 2010 SRI KRISHNA KUMAR SHARMA S/O LATE RAMSHANKAR PRASAD SHARMA Versus STATE OF BIHAR ----------- 04 15.03.2011 Petitioner of Criminal Miscellaneous No. 39128 of 2010, is the then Chair Person of Zila Parishad, that of Criminal Miscellaneous No. 41878 of 2010 Junior Engineer, Criminal Miscellaneous No. 39280 of 2010 Junior Engineer and Criminal Miscellaneous No. 41997 of 2010 Executive Engineer. Submission on behalf of all the petitioners is that money if any (Rs. 64,79,300/-) was handed over, to co-accused Bharat Prasad by co-accused the then District Magistrate of Arwal, work to be done was concerning filling of earth. After completion of part work rest of the money was ordered to be returned that is returned also only and amount of Rs. 2,40800/- was allegedly not returned. Petitioners have no concern with that amount. Irregularity or completion of the work not upto mark is the allegation, submission 2 is that filling of earth was visualized only after rainy season and discrepancies was the must. In course of investigation also nowhere it has come that no earth was filled in compliance of measurement book. Collector Arwal was wholly responsible to hand over the money has now been allowed bail by a Bench of this court. For petitioner Hare Krishna Prabhakar it is submitted that departmental proceeding was initiated which ended in exoneration of the petitioners’s liability. Considering the facts and circumstances of the case, prayer for bail of the petitioners are allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Arwal P.S. Case No. 117 of 2010 above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438(2) of Criminal Procedure Code. Safik ( Mandhata Singh, J.)