IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14007 of 2010 Ram Prasad Ram, Son of late Rupa Ram Resident of village- Ahirauli, P.S. and District-Buxar ………..Petitioner Versus The State of Bihar through Vigilance …Opposite Party With Criminal Misc. No., 12850 of 2010 Laxman Ram,Son of Late Nakchhed Ram, Resident of Village & P.O.-Kararia, P.S.-Kotwa, District –East Champaran, presently posted as Executive Engineer, Canal Division, Purnea, Bihar. ……..Petitioner The State of Bihar through Vigilance ……………Opposite Party ----------- 2 17.5.2010 Heard learned counsel for the petitioner and the State. The petitioner, Laxman Ram is a Superintending Engineer and the other petitioner Ram Prasad Ram is the retired Chief Engineer of Water Resources Department. They are named as accused in Vigilance Case No. 92/2009 giving rise to Special Case No. 38/2009 registered under Sections 209, 219, 420 and 120B of the Indian Penal Code and Section 5 (B) of Bihar Prevention of Specified Corrupt Practices Act, 1983. Vigilance P.S. Case No. 92/2009 was instituted as per direction in C.W.J.C. No. 14271/2007. During the pendency of writ application, vigilance department was - 2 - directed to enquire into the matter that on whose level payment of contractor was delayed, and to submit report. On submission of report as per direction of High Court a criminal case was instituted against all such officers due to whose negligence, bills of contractor could not be paid, despite completion of the project. The petitioner Laxman Ram, Joined at Araria, as Superintending Engineer, Water Resources Department, Purnea on 20.6.2008, prior to that he was not involved in the projec, so far petitioner Ram Prasad Ram is concerned he took over charge of Chief Engineer, Water Resources Department, Purnea in 2004, now he is retired. Petitioner’s case is that contractor had been paid 40% of his total bills amount, dispute arose with regard to payment of 60% of bills amount, which remain pending at the level of the Irrigation Department. Finally matter was referred to the Liability Committee and as per the direction of liability committee, payments were made. Counsel for the petitioners submit that there no direct allegation against the petitioners that they are responsible for non payment of bills. Considering these facts, - 3 - prayer for anticipatory bail on behalf of both petitioners, Laxman Ram and Ram Prasad Ram is being allowed. They are directed to be released on bail on their appearance within a period of four weeks from today and on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Special Judge, Vigilance-II, Patna in connection with Patna Vigilance Case No. 92 of 2009 Special Case No. 38/2009, subject to the conditions as laid down under Section 438 (2) Criminal Procedure Code. MKchy (Mridula Mishra, J.)