IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31090 of 2011 Dr. Subhash Chandra Sharma, S/o Late Jang Bahadur Sharma, the then Civil Surgeon, Saran, resident of Mohalla-Anwarpur, P.O.-Hajipur, P.S.-Hajipur Town, District-Vaishali. Versus The State of Bihar ----------- 2. 14.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Sections 467, 468, 470, 471 and 420 of the Indian Penal Code. The F.I.R. has been has been registered on the written report of Civil Surgeon-cum-Chief Medical Officer, Sadar Hospital, Saran. It is alleged that the Inquiry Committee found certain irregularities in hiring five Ambulances from co-accused Manoj Pandey for five P.H.Cs. viz., Revilganj, Manjhi, Jalalpur, Masarakh and Maker. An agreement was made between the then Secretary- cum-Chief Medical Officer (petitioner) and co-accused. The irregularities which transpired by the Inquiry Committee are as follows:- (i) Driving license, owner book, fitness permit, were not verified nor it was checked as to whether the Ambulances are as per specified laws. (ii) The petitioner issued order for change of Ambulances in terms of the agreement on excuse of their being technical defect in the Ambulances. Such 2 decision should have been taken only after verification of M.V.I. (iii) The Ambulances were taken on tender only for one year but direction was issued for plying the Ambulances till the next tender without technical examination of the Ambulances in question. (iv) The contractor got payment on the recommendation of the Incharge, Medical Officers of P.H.Cs’ without verifying Log Book and without verifying as to whether Ambulances plied or not. (v) The non-availability of papers of selected Ambulances in the office of the Civil Surgeon, the non-registration of the vehicles as Ambulances, the Ambulances not satisfying the specified norms and the absence of Log Book, etc., were other irregularities. It is stated that that petitioner joined as Civil Surgeon- cum-Chief Medical Officer, Chapra, Saran on 8.8.2006. Later on, he was transferred to Samastipur on 30.6.2009. He retired on attaining age of superannuation on 31.7.2010. In pursuance of a letter of Department of Health and Family Welfare, dated 5.1.2006, a tender was duly published in November, 2006. Co-accused Manoj Pandey being the lowest tenderer was awarded the contract and an agreement was entered into on 5.2.2007. The agreement was to expire on 6.2.2008. The 3 contractor represented for extension of the time period. Permission from the District Magistrate was sought for. The District Magistrate made a direction that in case the contractor had worked after lapse of tender period, he may still be paid after verifying the work. He also directed for the process of fresh tender to be expedited. The norms prescribed were duly followed. The Ambulances were operating after the tender and agreement. The petitioner was transferred to Samastipur on 30.7.2009. The cancellation of tender was made on 31.8.2010 by the new incumbent on the post of Civil Surgeon. The cancellation was not approved by the S.D.O., Sadar Chapra, as would appear from his letter No. 230 dated 18.3.2011 as contained in Annexure-8 to the present application. Taking into consideration the nature of allegation, facts and circumstances of the case, let the petitioner, who is a retired government servant in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. Case No. 53 of 2011 subject to the conditions as laid down under Section 438 (2) Cr. P.C. Sanjeet/ (Ashwani Kumar Singh, J.)