IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42450 of 2009 ASHOK KUMAR MISHRA son of late Yamuna Prasad Mishra, resident of vill.-Chandsarai, P.O.-Chandsarai, P.S.-Mahua, Distt.-Vaishali --------Petitioner. Versus STATE OF BIHAR THRU.VIG. . With Cr. Misc. No.42234 of 2009 Pintu Pandey @ Pintu Kumar Pandey, son of late Chaturbhuj Pandey, resident of vill.-Afzalpur, P.S.-Belsar, Vaishali, Distt.-Vaishali -----------Petitioner. Versus State of Bihar thru. Vigilance ---------- 2. 1.4.2010 Heard learned counsel for the petitioners and the State. Price of solar lamps, its place and power of one of the bulbs, non-existence of M/s Yasraj Enterprises and no meeting of the Purchase Committee are made grounds for defalcation which is replied by petitioner of Cr. Misc. no.42234 of 2009 that is about supply of the solar lamps and its price is increased due to its maintenance cost. One of the bulbs only is of 9 watts instead of 11 watts but price of both are same and that was installed on public demand. Petitioner’s firm verified by the investigating officer was running from earlier and was in existence on the day of verification also. For petitioner of Cr. Misc.no.42450 of 2009, it is submitted that there is no defalcation at all and further there is no constitution of Purchase Committee. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the - 2 - date of communication of this order the above named petitioners of both the petitions shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance, Muzaffarpur, Bihar, in connection with Vigilance P.S. case no.36 of 2008 (Special Case no.31 of 2008 , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )