IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45583 of 2008 NITYA GOPAL SUKUL, S/o- Late Nepal Sukul, Village- Panagarh, P.S.- Panagarh Bazar, P.S.- Kaksa, Distt- Burdwan :---- Petitioner. Versus STATE OF BIHAR:------Opposite Party -with- Cr.Misc. No.11102 of 2009 1. ADHIR KUMAR MUKHERJEE @ ADHIR MUKHERJEE @ Adhir Roy, Son of Haradhan Mukherjee, resident of Village- Ghospara, P.S.- Golghar, District- Bardhwan (West Bengal). 2. Sukur Alam Mandal, Son of late Mazid Mandal, resident of Village- Bokhara, P.S.- Bokhara, Dist- Murshidabad (West Bengal). 3. Md. Gafar Sheikh, Son of Aglaum Sekh, resident of Village- Motra, P.S.- Kundi, District- Murshidabad (West Bengal) :---- Petitioners. Versus STATE OF BIHAR:-----Opposite Party ----------- 5. 28.04.2009. Heard learned counsel for the petitioners and the State. Petitioners in the two applications are apprehending their arrest in connection with a case registered for the offences under Sections 409, 420 and 120B of the Penal Code which has been lodged by the Site Engineer who has alleged misappropriation of the materials required for executing the works’ contract. Petitioners are the works contractor and named in the First Information Report. In the circumstances, I am not inclined to release the petitioners on bail in the event of arrest. Their prayer for grant of such privilege is refused with direction to surrender in the court below (Chief Judicial Magistrate, Nalanda) within a period of four weeks from today in connection with Giriyak P.S.Case No. 104 of 2008 (G.R.No. 1234 of 2008) and apply for regular bail which should be considered in accordance with law without being prejudiced by the fact that this Court has not chosen to admit the petitioners to the privilege of bail in the event of arrest. P.K.P. (V.N.Sinha,J.)