IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11079 of 2010 SUBODH KUMAR SINHA Versus THE STATE OF BIHAR THRU. VIG. ----------- 02. 10.05.2010 Heard learned counsel for the petitioner and the State. Petitioner being the District Engineer is apprehending his arrest in connection with Special Case No. 34 of 2009/Vigilance P.S. Case No. 102 of 2009 registered under Sections 409, 420, 467, 471, 120B of the I.P.C. and Section 13(2) read with Section 13(1)(D) of the Prevention of Corruption Act. The allegation against the petitioner is that from the MLA fund the total amount for the construction of a road was given as Rs. 4, 20,000/- but not only sub-standard work has been done but the work has also not been completed within time and the balance amount is still lying with the District Engineer and the Junior Engineer. It is submitted by the learned counsel for the petitioner that as per the internal instructions of the District Board, purchase through tenders were not necessary and the articles were permitted to be purchased from the open market. The work was delayed under bona fide circumstances and the balance amount is admittedly lying. Learned counsel for the vigilance contended that 2 though in the initial investigation no irregularities have been found with regard to payment of wages but purchase ought to have been made through the tenders and still the balance amount is lying with the District Engineer and the Junior Engineer. Learned counsel for the Vigilance submits that investigation is in progress. Keeping in view investigation being pending, documents on record prima facie suggests the permissibility of purchase from open market, let the petitioner namely Subodh Kumar Sinha, be enlarged on anticipatory bail till submission of the final form, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today and on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, North Bihar, Muzaffarpur in connection with Special Case No. 34 of 2009/Vigilance Case No. 102 of 2009. Shageer (Dinesh Kumar Singh, J.)