IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34589 of 2008 UMESH SINGH Versus STATE OF BIHAR ----------- 2 22.09.2008 Heard learned counsels for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. Petitioner at the material time was the Assistant Engineer posted at Rural Works Department, Govt. of Bihar, Patna. The allegation against the petitioner is that while working as the Assistant Engineer in relation to the work of widening of a portion of Khatiba-Sarenja Road the necessary sand filling was not done and the bills were passed. As such the present case was registered against the petitioner along with the Executive Engineer & Junior Engineer, who were also involved in the said work for offence under section 406, 409, 420, 120B/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the final bill payment is still to be made after assessing the work done. It is further submitted that as a matter of fact the present case has been lodged without verifying and examining the sample of the fillings done in the said road i.e. the sand, and as such, without taking the sample or making any test of the same the case could - 2 - not had been registered against them. Besides the above, it is submitted that co-accused namely, Pradip Kumar Srivastava, who was the Executive Engineer, has been allowed bail by this Court as per the order dated 15.09.2008 as contained in Annexure-8 to the supplementary affidavit filed today. 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 four weeks from today, the petitioner, namely, Umesh Singh 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, Buxar in connection with Itarhi P.S.Case No. 50 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)