IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52731 of 2008 GOPAL RAM RAJAK Versus STATE OF BIHAR -With- Cr.Misc. No.52914 of 2008 HARI PRASAD DAS Versus STATE OF BIHAR -With- Cr.Misc. No.52806 of 2008 DURGA PRASAD PANDEY Versus STATE OF BIHAR -With- Cr.Misc. No.52909 of 2008 RAJENDRA PRASAD SINGH Versus STATE OF BIHAR ----------- 5. 20.08.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners, in all these applications were posted as Chief Engineer, Executive Engineer and Junior Engineers at Embankment Division, Karnaui at Birpur. Allegation against them, is that they unauthorizedly paid Rs 13.114 lacs to one Sambhavi Construction and, as such, misappropriated the government money. Payment was made to M/S Sambhavi Construction against the work in flood fighting work in the year, 2002-03. Counsel for the petitioners submits that the F.I.R. was instituted without proper appreciation of the facts of the case. The payment was made to M/s Sambli Construction in compliance of the direction of the High Court in C.W.J.C. No. - 2 - 4140 of 2000 and M.J.C. No. 1746 of 2005. There was a decision of the Liability Committee also for payment of this amount to M/S Sambhavi Construction. Considering the fact, prayer for grant of anticipatory bail is allowed. In the event of arrest or surrender within four weeks from today, the petitioners, namely, Gopal Ram Rajak (in Cr. Misc. No. 52731 of 2008), Hari Prasad Das (in Cr. Misc. No. 52914 of 2008), Durga Prasad Pandey (in Cr. Misc. No. 52806 of 2008) and Rajendra Prasad Singh (in Cr. Misc. No. 52909 of 2008) will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Birpur P.S. Case No. of 88 of 2008 to the satisfaction of Sub Divisional Judicial Magistrate, Birpur, Supaul subject to the conditions as laid down under Section 438(2) of the Cr.P.C. However, petitioners will cooperate with the investigation which is still incomplete and charge sheet has not been submitted. akv (Mridula Mishra, J.)