IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7471 of 2008 SANTOSH SHARAN Versus STATE OF BIHAR ----------- 3. 9.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner prays for anticipatory bail in a case under Sections 408, 409, and 120B of the Indian Penal Code. The allegation in the F.I.R. instituted on the basis of written report submitted to the Officer In-charge Jainagar by the Sub- Divisional Magistrate Jaynagar, is that according to the letter nos. 736 dated 25.8.2006 and 57 dated 20.9.2006 of the Executive Engineer and the District Magistrate, Madhubani gross irregularities have been committed in Border Development Scheme of Nagar Panchayat, Jainagar by the members/staffs of Nagar Panchayat, Jainagar. On the basis of the said written report the police registered a case against six persons and it is further submitted by learned counsel for the petitioner that the petitioner, at the relevant time was working as Executive Engineer in Water Resources Department and was not directly involved. It is further submitted that since the Nagar Panchayat did not have any technical hand, in order to look into such aspect of the scheme, under a resolution bearing Memo No. 2713 dated 18.8.2005, it was directed by the State Government in the Urban Development Department that the services of such technical officers of the State - 2 - Government serving in the Districts shall be available for the purpose of providing technical sanction to the scheme of the urbal local bodies. It is pointed out by learned counsel for the petitioner that in the said resolution itself it was clearly provided that under the powers provided for technical sanction by the Rural Development Department, the Superintending Engineer can grant technical sanction up to Rs. 30 lakhs, the Executive Engineer up to Rs. 25 lakhs and the Assistant Engineer up to Rs. 1 lakh. Learned counsel for the petitioner further submits that the petitioner is not named in the F.I.R. and he had no concern with the actual execution of the scheme and his only function was to grant technical sanction since he was an Executive Engineer of the Water Resources Department serving in the said District. It is stated that the petitioner has been falsely implicated in the case by the Dy. S.P. solely on the basis of his own self-statement without any justification that Executive Engineer has power to grant technical sanction up to Rs. 3.5 lakhs whereas the petitioner has exceeded his power and thus holding that he was also involved in the conspiracy in the matter. Learned counsel submits that it is the petitioner who had reported the fact that the scheme was not being carried on in accordance with the technical specifications and further he was not at all directly involved in the matter and whatever technical sanction was granted by him was well within his powers up to Rs. 25 lakhs and not Rs. 3.5 lakhs. On a consideration of the entire facts and circumstances, it - 3 - is directed that the petitioner, Santosh Sharan, in the event of his arrest/surrender in the Court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each in connection with Jainagar P.S. Case No. 171 of 2006 to the satisfaction of the Chief Judicial Magistrate, Madhubani subject to the other conditions laid down under Section 438(2) of the Code of Criminal Procedure. P. Kumar (Ramesh Kumar Datta, J.)