IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38169 of 2008 SHASHI SHEKHAR CHOUDHARY Son of Late Bacha Chaudhary Resident of village- Rasidpur, P.S.- Bachhwara District- Begusarai Versus 1. STATE OF BIHAR 2. Vigilance, Govt. of Bihar, Patna ----------- 4 04.12.2008 Heard learned counsel for the petitioner and the Vigilance. A supplementary affidavit has been filed on behalf of the petitioner. The offence alleged is under sections 5(1)(D) & 5(2) of the Prevention of Corruption Act and section 420 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is not a named accused and specific allegations are against the concerned Chief Engineer, Executive Engineer & Superintending Engineer. It is further submitted that the Executive Engineer has been allowed anticipatory bail by this Court as per the order contained in Annexure-4 to the supplementary affidavit filed today. Learned counsel appearing for the Vigilance is not in position to refute the above submissions, however, he submits that during investigation it has been found that the petitioner who was working as Junior Engineer had recommended for payment on the bills submitted by - 2 - the supplier and also he did not maintain the stock register. It is, however, submitted that it is not the case that the items or the materials were not supplied by the contractor. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Panwar, Special Judge, Vigilance-I, Patna in connection with Vigilance Patna P.S.Case No. 1 of 1983, Sepcial Case No. 18 of 1992/ 21 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)