IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31059 of 2008 JAI NARAYAN JHA Versus THE STATE OF BIHAR ----------- 2/ 16/10/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, a Block Development Officer, apprehends arrest in a police case under Sections- 409, 420 and 120B/34 of I.P.C. registered on 23.12.1998. It is submitted that the earlier Block Development Officer, during whose tenure also part of the constructions had been done, has been granted anticipatory bail by this Court in Cr.Misc. No.12065/99 on 17.6.1999. It is urged that the petitioner was transferred from the place in question in 1995 and was not aware of the present allegations in explanation for the delay in moving for anticipatory bail on his behalf. The allegations in the F.I.R., based on a preliminary enquiry, are with regard to the construction of Gangotri Ram Sharan High School, Lari Ghoshi. The preliminary investigation has revealed a very poor sort of construction which started in 1993 when the preliminary enquiry report is of 6.8.1993 itself, that cracks developed in the ceiling beam of the school and the ceiling was also sunken. Pillars were erected to cover up the cracks. The - 2 - construction, because of poor quality, was liable to collapse at any time. The impugned order of rejection notices the submission that the investigation of the case has been kept pending nearly 10 years later. Perhaps, that is what suits everybody to scuttle the investigation itself and facilitate applications for anticipatory bail. The construction was for a school building in which school children were to assemble. This Court is not persuaded to grant anticipatory bail on the ground that investigation is still pending 10 years later or that co-accused has been granted anticipatory bail in 1999 when the enquiry report does not find discussion therein and the petitioner has moved much belatedly to grant him the privilege of anticipatory bail. The application is rejected. KC ( Navin Sinha, J )