IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38853 of 2008 BISHWANATH PRASAD SON OF LATE LOCHAN RAM, RESIDENT OF MOHALLA PATWATOLI, AT + P.O.+ P.S.- DAUDNAGAR, DISTRICT- AURANGABAD Versus STATE OF BIHAR ----------- 2 17.10.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under sections 467, 468, 471, 419, 420, 406 & 409/34 of the Indian Penal Code. Petitioner, who was allegedly working as the Junior Engineer had prepared the estimate of the Government scheme known as Food for Work, which was later approved by the Assistant Engineer. The food grains which were allotted to the dealers were required to be distributed amongst the labourer involved in such work. It is submitted on behalf of the petitioner that the allegations is that the rice which were allotted to the dealers were not distributed in full quantity, therefore, the allegation is against the dealers and not against this petitioner and he had only prepared the estimate for the work in question. It is further submitted that some of the dealers have been allowed anticipatory bail. It is also contended that the concerned Block Development Officer has also been allowed anticipatory bail by order dated - 2 - 16.10.2008 passed in Cr. Misc. No. 29935 of 2008. 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 six weeks from today, the petitioner, namely, Bishwanath Prasad 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 the Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S.Case No. 41 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)