IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35595 of 2011 Naresh Kumar S/o late A.K.P.Maltyar, the then Assistant Engineer, Patna, Municipal Corporation at present as Executive Engineer, Distt. Urban Development Agency, Kaimur. Versus The State of Bihar ----------- 2. 24.10.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 420, 465, 467, 468, 471 and 120(B) of the Indian Penal Code. It is stated that from the materials available on the record it transpires that map of the building in question was sanctioned by a team in the year 2008. The petitioner was not a member of the team which had sanctioned the map in the year 2008. In the year 2009 a revised map was sanctioned and at that point of time the petitioner was an Assistant Engineer posted in Muncipal Corporation, Patna. It is submitted that the petitioner was asked to calculate the area of set back, fee and other rules according to building bye laws. The petitioner did not make any physical verification rather on the basis of materials before him, he had submitted his report. It is also submitted that a co-accused Dinesh Prasad, who is also named in the first information report and on whose report the plan was sanctioned stating the passage which is in dispute has already been granted anticipatory bail by order dated 16.9.2011 passed in Cr.Misc. No.24162 of 2011 and two other co- accused namely, Lal Kumar and Shyam Narayan Pandit, who are 2 also named in the first information report have been granted anticipatory bail by order dated 13.10.2011 passed in Cr.Misc. No.34104 of 2011 by this court. It is submitted that the case of the petitioner stands on better footing to that of other co-accused persons, who have already been granted anticipatory bail by this court. Taking into consideration the facts and circumstances of the case, let the petitioner named above in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna in connection with Kotwali P.S. Case No.441 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)