IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51533 of 2008 GYANENDRA KUMAR PANDEY @ GYANENDRA PANDEY, S/O Gopal Pandey, resident of Mohalla Anand Nagar, P.S. Kotwali, District – Baliya (U.P.). At present posted as Junior Engineer Rajpur Block District - Buxar Versus THE STATE OF BIHAR ----------- 2. 23.01.2009 Heard Sri Tarakant Jha, Senior learned counsel appearing for the petitioner and Sri S.R. Haque, APP for the State. The petitioner is alleged to have defalcated by not doing the construction work as per the prescribed standard some amounts of government money. The amount which could be said to be defalcated has not been disclosed in the FIR and the rejection order also indicates as if there could not be any definite allegation as regards the defalcation of a particular sum of money. The contention is that the case was registered in the year, 2002 and for seven long years the matter dragged to the stage of submission of charge sheet by not actually specifying as to the details of defalcated sum of money in actual terms. The allegations are general and vague. The contention further is that the allegations which have been made in the FIR appear made out of imagination without - 2 - there being any valid analysis report in that behalf, like, the disproportionate use of cement or a particular chemical or other things not being used. Regard being had to the facts and the contentions and the absence of any definite amount as regards the deficiency of work or the defalcation, I direct the release of the petitioner Gyanendra Kumar Pandey @ Gyanendra Pandey on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Simari P.S. Case No. 15 of 2002. DKS/ (Dharnidhar Jha, J.)