IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42586 of 2008 DINESH PRASAD SINGH …. PETITIONER Versus THE STATE OF BIHAR THRU.VIGILANCE … OPP. PARTY ----------- 2. 17.11.2008 Heard Sri Ram Suresh Singh, learned Senior Counsel for the petitioner and Sri C. M. Chaurasia, APP appearing for the Vigilance Department. The petitioner was the Junior Engineer, who was one of the members of the team of Engineers, which was formed to see the implementation of the construction of N.H. 30 to the limit of 5 kms. The defalcation relates to not using the stone chips in appropriate quantity and stone metals. The calculated amount has been stated as regards the alleged defalcation as the total sum comes to Rs. 84,248/-. It is not denied that it could be only the petitioner, who could be the real person. There are several accused in the case, who were holding different posts in the concerned organization. The contention is that the petitioner has now retired from his service and even if it is said that the defalcation was real and true, it could not be his actual only. The further contention is that scheme was of the year, 1987, but the FIR - 2 - was lodged in 1995 and the investigation is still continuing. Regard being had to the above facts and circumstances, let petitioner Dinesh Prasad Singh be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance Ist, Patna in connection with Special Case No. 46 of 1995 (Vigilance) arising out of Natwar P.S. Case No. 90 of 1995. DKS/ (Dharnidhar Jha, J.)