IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33683 of 2008 PRAKASH PRASAD Versus THE STATE OF BIHAR ----------- 02/ 04.09.2008 Heard. The case is under Sections 409 & 420 of the IPC and the petitioner at the relevant time was the Panchayat Sewak in Sherpur under Harnaut Anchal and was appointed an executive agent for constructing the building of Primary School in Sherpur. The building was defectively constructed and it is indicated that the petitioner was advanced a sum of Rs. 57,500/- and he had completed the work to the tune of Rs.53,592/-. The contention is that the work, which was done, was almost of the value of the money, which was advanced and that the defects, which were found by the Executive Engineer, who was directed to hold enquiry by the District Magistrate, could be rectified by the petitioner. It is contented that the petitioner is in custody since 25.6.2008. There is undertaking given by the learned counsel for the petitioner and is being recorded herein that the petitioner shall rectify the defects as suggested by the Executive - 2 - Engineer in his report. Regard being had to the small quantity of money involved and the undertaking as indicated above, let petitioner Prakash Prasad 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 Chief Judicial Magistrate, Nalanda at Biharsarif in connection with Harnaut P.S. Case No. 130 of 2008. The petitioner shall remove the defects by March, 2009. Let a copy of this order be transmitted to the District Magistrate, Nalanda for information and needful. DKS/ (Dharnidhar Jha, J)