IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34079 of 2009 ASHUTOSH, son of Sri Rajendra Prasad, village Rustampur, HS Hulasganj, District Jehanabad – Petitioner. Versus STATE OF BIHAR THRU. VIG. ----------- 2 16.10.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Vigilance Department. The petitioner is the Estimating Officer. A complaint was lodged on the basis of a report by the contractor who was also a candidate who wanted to get the contract. The allegation is that the B.O.Q. was not sold on the date on which it was to be sold. It is on the basis of this allegation that the petitioner has been made accused in this case. Learned counsel for the petitioner submits that in fact the B.O.Q. was not sold at all and, therefore, no offence was committed as per the allegation. Be that as it may, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within four weeks in connection with Vigilance P.S. Case No. 18 of 2009 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance Cases, Patna subject to the conditions laid down under section 438(2) of the Cr.P.C. haque (Sheema Ali Khan, J.)