IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34231 of 2008 DINESH KUMAR JHA, S/O LATE RAMESHWAR JHA, R/O VILLAGE-PILKHI, P.S. SAKRA, DISTRICT- MUZAFFARPUR. - PETITIONER Versus THE STATE OF BIHAR -OPP.PARTY 2 14.11.2008 Petitioner is a contractor. He received a contract and in respect thereof a sum of Rs.2,93,905/-. The informant contends that though the petitioner has received Rs.2,93,905/- he has done work to the tune of Rs.85,324/- only. A contractor receives payment only upon measurement being taken of the work done by the person awarding the contract. The first information report does not suggest that payment was received by the petitioner without measurement being taken of the work done by him. On the contrary, the same suggested that measurement books for four years only had been submitted by the petitioner. Measurement books are properties of the person awarding contract and remains with him and it does not remain with the contractor. Considering these facts the application is allowed. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs.10,000/- (Rupees ten thousand) 2 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Patori P.S. Case no. 11 of 2008, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad