IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19481 of 2011 Ashok Chandra Mishra (Junior Engineer NREP Kumar Khand), Son of Late Rameshwar Mishra, Resident of Village Chandchaur Mishra Tola, P.S. Ujiarpur, District Samastipur. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------- 04/- 27/09/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 409, 420, 467, 468, 471/34 of the Indian Penal Code, is one of the named accused in this case being posted as Junior Engineer at the relevant time with allegation of preparing fake measurement books as regard to execution of five schemes out of which three were relating to plantation of trees and two with brick soiling of road. Submission is that every work was executed, but prior to great flood in the year 2008, wherein, everything was destroyed. Moreover, the contractor has already been granted the privilege of bail (regular) by a Bench of this Court vide order dated 23.11.2009 passed in Cr. Misc. No. 39724 after brief detention. Further, submission is that role of the informant is also doubtful and measurement books etc. were prepared by another Junior Engineer, namely, Lakshmi Kant Choudhary. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Madhepura in connection with Kumar Khand P.S. Case No. 83 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)