IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49078 of 2008 1.AJAY KUMAR son of Late Ram Nandan Singh, resident of Village Harpur Fatikhara, P.S. Mahnar, District Vaishali. 2.CHANDESHWAR RAJAK, son of Gariblal Rajak, resident of Village Sahpur, P.S. Mahnar, District Vaishali at Hajipur. -------Petitioners Versus THE STATE OF BIHAR THROUGH CBI, PATNA ----------- 3. 9.2.2009 Heard the learned counsel for the petitioners and the learned Standing Counsel appearing on behalf of the C.B.I. The offence alleged against the petitioners is under sections 120B and 420 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. It is submitted that the petitioners are the office- bearers of the N.G.O., namely, Bhumika Vaihali Harpur Fatikwara, Mahnar, Vaishali. The allegation is that the Council for Advancement of People’s Action and Rural Technology (in short “CAPART”) extended the financial assistance to the above NGO for construction of latrines in the rural areas. The primary allegation is that out of total cost for construction of the latrines in the rural areas, the beneficiaries were also required to pay 20% of the total cost. The NGO to which the petitioners are the office-bearers as Secretary and Treasurer failed to realize the 20%. It is submitted that there is no allegation that the petitioners realized aforesaid 20% of the money from the beneficiaries 2 and pocketed the same. It is further submitted that co-accused Arun Sah, who was the official of “CAPART” and on re-estimation had sanctioned the project, has been allowed anticipatory bail by this Court vide order dated 7.9.2007 passed in Cr.Misc. No.33956 of 2007, as contained in Annexure 2. The learned Standing Counsel appearing on behalf of the CBI opposes the prayer for bail and submits that initially the initial project was of Rs.2000/- which was revised by the N.G.O. to Rs.2025/-. CAPART, however, considered them and revised the project and submitted that each latrine cannot be constructed for a cost of less than Rs.2500/-. The accused persons in criminal conspiracy committed the serious offence in respect of the public money and as such the petitioners are not entitled to be released on bail. Considering the facts and circumstances of the case, let both the petitioners, namely, Ajay Kumar and Chandeshwar Rajak, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, C.B.I., South Bihar, Patna, in connection with Special Case No.25/2005, corresponding to R.C. 22(A)/2005, subject to the condition that one of the bailors should be the close relative of the concerned petitioners. PNM (Shailesh Kumar Sinha, J.)