IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30979 of 2010 JALESHWAR UPADHAYA Versus THE C.B.I. ----------- 03 13.01.2011 Heard learned counsel for the petitioner and the learned counsel for the C.B.I. Act of M/s Popular Sainik Security Agency with which this petitioner is concerned, lead the Government exchequers loss of Rs. 13,93873/- in not depositing E.P.F., E.S.I.C. and Service Taxes for providing services of security guards to B.S.N.L. after receiving the same from B.S.N.L. Submission of the learned counsel for petitioner is that co-accused Rajeshwar Singh was entrusted for the job after getting a contract/agreement, he sub-entrusted the same to this petitioner as his employee, but again he re-entrusted the job to one T.N. Singh who really was operating whole transaction of Popular Securities including Black Commando and Rana Securities. He was only concerned with his salary or remuneration given to him by co-accused Rajeshwar Singh. Petitioner is a retired Subedar from Military and 80 years of age incapable for active operation of the agency. Having regard to the facts and circumstances of the case, in the event of his arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, C.B.I., North Bihar, Muzaffarpur 2 in connection with Special C.B.I. Case No. 30 of 2008, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Vikash (Mandhata Singh, J.)