IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47406 of 2008 RAM AGYA SINGH S/o- Late Ram Charitar Singh, R/o- Village – Kagahar, P.S.- Kagahar, District - Rohtas Versus STATE OF BIHAR THRU. VIG. ----------- 2. 26.11.2008 Heard learned counsel for the petitioner and the State. A supplementary affidavit has been filed on behalf of the petitioner. Petitioner is an accused in a case for the offences registered under Sections 175, 120B, 468 and 471 of the Indian Penal Code and Section 5 of the Prevention and Corruption Act. It is submitted that the allegation against the petitioner is that while he was working as Junior Engineer in the department of Rural Engineering Organization at its Sasaram Division, he was entrusted with the construction work of Natwar-Saisar Road, the total length of which was 26 Kms. However, the petitioner was entrusted in connection with the construction for length of 7 kms. It is further submitted that although the - 2 - petitioner received a Stone Metal Grade –II to the tune of 81, 638 C.Ft. and quarry waste to the tune of 28,660 C.Ft. However, the petitioner used Stone Metal Grade – II only to the tune of 3925 C.Ft. in the said road and mentioned the same in the measurement book. The petitioner handed over the charge of rest of the material to his successor in office as detailed in the supplementary affidavit. It is further submitted that other co-accused namely, Ram Kailash Mishra has been granted anticipatory bail by this court by order dated 2.05.1997 as contained in Annexure-11. Learned counsel for the State as well as the Vigilance opposes the prayer for bail of the petitioner however could not dispute that besides the co-accused as to referred in Annexure-11, another co-accused who is Junior Engineer namely, Dinesh Prasad has been allowed bail by this court vide order dated 26.11.2008 passed in Cr. Misc. No. 42586 of 2008. Considering the facts and circumstances of the case and the submission of the - 3 - parties, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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 Special Judge (Vigilance), Patna in connection with Special Case No. 48/1995 vigilance, Patna arising out of Natwar P.S. Case No. 50 of 1995 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)