IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41984 of 2008 RAM PRITI RAI, S/O LATE BALDEO RAI, R/V-NAREPUR, P.S.-BACHHWARA, DISTRICT- BEGUSARAI Versus STATE OF BIHAR ----------- 2 23/10/2008 Heard learned counsel for the petitioner and learned counsel representing the Vigilance. The petitioner seeks bail in a case which has been registered under sections 467, 468, 471, 477(a), 409, 402, 120B of the Indian Penal Code and 13(2) read with section 13(1) d of the Prevention of Corruption Act. For construction of National Highway No. 57, some lands were acquired. For assessment of the valuation of acquired land for the purpose of deciding the concession, a team was constituted. The petitioner was the Assistant Engineer and a member of that team. The team assessed the constructed building of acquired portion and the land and accordingly submitted its report. Allegation is that the petitioner in connivance with some other accused persons and land holders protested against the valuation and requested for enhancement and accordingly, made wrong recommendation causing loss to the Government. Submission is that the petitioner was merely a member of team and final authority was the Executive Engineer. Assessment made was correct. Initially inadequate assessment was made which was protested by the land holders and a fresh valuation was ordered. The procedure for acquisition of land for construction of the National - 2 - Highways is described in section 3 of the National Highways Act 1956. There is no violation of any of the provisions of the Act. Still the payment was below the bench mark fixed by the government is at the rate of 700/- per Pacca Building. Final payment is Rs. 515 which is not too much. Even if the payment was made the petitioner has not caused any criminal loss to the Government. Prayer for bail was opposed by the counsel representing the Vigilance. Considering the facts and circumstances of the case, the petitioner Ram Priti Rai is directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Spl. Judge, (Vig.) North Bihar, Muzaffarpur in connection with Vigilance P.s. Case No. 42 of 2008, Spl. Case No. 41 of 2008. avin (Shyam Kishore Sharma, J.)