IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 23924 of 2009 Umesh Kumar Uday, son of late Hazari Prasad, resident of village – Saidpur, P S – Mansi, District – Khagaria, at present resident of Mohalla – Hajipur, Khagaria, Ward No 2, P S and District – Khagaria - Petitioner Versus State of Bihar - Opposite Party ----------- 2 16.09.2009 The petitioner is a Junior Engineer in the District Board, Khagaria and apprehends arrest in Khagaria Police Station Case No 359 of 2008 instituted under Sections 420, 465, 409 of Indian Penal Code and pending before the learned Chief Judicial Magistrate, Khagaria. In the first information report, it is alleged that on verification, it was found that certain works were incomplete. It is further alleged that petitioner, as a Junior Engineer, had made recommendation for sanction of advance of the contractor to the said work. The contractor had died. On verification, it was fond that the quantity of work done was not commensurate to the advances made. It is alleged that the contractor, in conspiracy with the Junior Engineer, misappropriated large sums of money. On behalf of petitioner, Mr R B Mahto, learned Senior Counsel submits that the job of the Junior Engineer was to recommend advance. Advance predicates money paid before work is done. It is ultimately a matter of dispute and the liability of the contractor to satisfy the State as to the money received and the work done in respect thereof. Petitioner has not certified that the work had been fully completed at any point of time. 2 Be that as it may, if the petitioner abovenamed surrenders before the Court below within 4 weeks from today, he shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Khagaria Police Station Case No 359 of 2008 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code. M.E.H./ (Navaniti Prasad Singh)