IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6342 of 2010 BINDU KUMAR, son of Nand Lal Mall, Ex. Executive Officer (Assistant Engineer, N.R.E.P. Bettiah) Nagar Parishad, Narkatiaganj, at present as Assistant Engineer, N.R.E.P. and posted as Incharge, Estimating Officer-cum-Public Relation Officer, West Champaran, Bettiah. ---------------- Petitioner. Versus THE STATE OF BIHAR -------- Opposite Party. ------- 04. 29.06.2010 Heard learned counsel for the petitioner and State. Petitioner is one of the named accused, in connection with Shikarpur P.S. Case No. 43/2008 for offences under Sections 406, 408, 120B, 467, 468 and 471 of the Indian Penal Code, being working as Assistant Engineer in N.R.E.P. at Bettiah, at the relevant time he was as alleged entrusted to get the government schemes executed and finding of irregularities. The case has been instituted against the named persons alleging embezzlement of Rs. 58,50,352.00 (fifty eight lacs fifty thousand three hundred fifty two), but, on the basis of the outcome of the investigation specially mentioned in para 68 of the case diary, learned Additional Public Prosecutor fairly conceded that there is nothing against the petitioner rather some portion of the work entrusted to have been executed by executing authorities after making there own investigation and process is still going on to make payment against the work done by them. Considering the facts and circumstances of the case, in the event of his arrest/surrender within four weeks from receipt - 2 - of the copy of this order, petitioner, namely, Bindu Kumar, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, West Champaran, at Bettiah, in connection with Shikarpur P.S. Case No. 43/2008. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to attend to court at least for two years or till disposal of the case, whichever is earlier, on failure on two consecutive dates, privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)