IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12795 of 2009 SHYAM KUMAR RAI Versus STATE OF BIHAR THRU.VIG. ----------- 2. 22.5.2009 Heard. The offence relates to re-sinking of a tube-well which was already sunk. The allegation is that five steel pieces were used in sinking the tube-well but only three were used in it while two were taken away by a Deonarayan Sah. Subsequently, it was preceded back in the godown of the PHED division concerned. The allegation against the present petitioner and others is that they conspired together in screening the offender of accused Deonarayan Sah from punishment. Some annexures to the present petition indicates that there were some cutting and interpolations in the register of history of tube-well and only because the petitioner was at that time posted there, he was alleged to have conspired but there is no material on the record to indicate that the entries might not have been made by the petitioner. In that view of the matter, let the above named petitioner be released from custody either in the event of his arrest by the police - 2 - or surrender in the court below on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance, Muzaffarpur in Special Case No.42 of 2008(Vigilance P.S.Case No.50 of 2008), subject to the condition as laid down under Section 438(2)of the Cr.P.C. B.Kr. ( Dharnidhar Jha, J. )