IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46346 of 2008 1. Birendra Kumar S/O Gopal Mahto, R/O Village-Mushahri, P.S. Ekangar Sarai, Distict- Nalanda. 2. Jagdish Prasad @ Jagdish Prasad Singh S/O Late Ram Charitra Singh, R/O Village-Madanpur, P.S. Ekangar Sarai, District- Nalanda. 3. Dasrath Prasad S/O Late Chunchun Yadav(Junior Engineer) R/O Village-Sultanganj Bisauni, O.S.Sultanganj, District- Bhagalpur. -----Petitioners. -Versus- The State of Bihar………………………………..Opposite Party. ----------- 2. 6.2.2009. Heard the counsel for the petitioners and the State. The allegation against these three petitioners who are Contractors and Junior Engineers is that each one of them have misappropriated the public money on account of non-installation of ten Tube well hand pumps. They were appointed as agents for doing work of the P. H. E. D. Department. It is submitted by the petitioners’ counsel that during investigation the allegations were not supported by any one as such final form was submitted, in spite of that cognizance has been taken against them by the Magistrate. Considering these facts, the prayer for Anticipatory bail on behalf of Birendra Kumar, Jagdish Prasad @ Jagdish Prasad Singh and Dasrath Prasad is allowed. In the event of arrest or surrender within four weeks from today, the petitioners Birendra Kumar, Jagdish Prasad @ Jagdish Prasad Singh and Dasrath Prasad are directed to be released on Anticipatory bail on furnishing bail bonds of Rs.10,000/-(Ten Thousand)each with two sureties of the like - 2 - amount each to the satisfaction of the Sri S.D. Ray, J.M. Ist class, Hilsa in connection with Ekangar Sarai P.S. Case No. 124 of 1997 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. U.K. (Mridula Mishra,J)