IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24788 of 2009 RAMAN SINGH, son of Ram Murti Singh, Madan Mahto, resident of Village-Gulni Kusha, P.S.-Shambhuganj, District-Banka. …….Petitioner Versus The State Of Bihar ……Opposite Party ----------- 02. 03.08.2009 The petitioner is the representative of a contractor Mani Prasad Singh. He apprehends arrest in Tarapur P.S. Case No. 43 of 2009 instituted under Sections 363, 365, 387, 379/34 of the Indian Penal Code as lodged by the then Executive Engineer, Irrigation, Tarapur. It appears that there has been a long drawn battle between the Executive Engineer and the contractor. It appears that the said contractor had earlier been given some work for construction of Kanwariya Dharamsala in the District of Munger. For signing the agreement the Executive Engineer allegedly demanded illegal gratification. A complaint was made in this regards to the Department of authorities. The agreement was signed without illegal gratification which enraged the Executive Engineer who then lodged an F.I.R. complaining about quality of work. Neither any approval of higher authorities to take such an action was taken nor any test report or other such report obtained. After the case was lodged the samples were - 2 - taken and sent for testing and on testing everything was found to be normal. Then contractor’s payment for that project was delayed. The contractor came to this Court in C.W.J.C. No. 5544 of 2009 and the history is noted in the order dated 30.04.2009 in the said writ application. The order would also note how senior Officials were also taking note of the behavior of the Executive Engineer in question. Then petitioner took another contract with regard to restoration work of Kharagpur Lake. The said work was valued as over Rs. 4.5 crores. This time it is alleged that the said Executive Engineer demanded Rs. 10 lacs as illegal gratification. A formal complaint was then lodged by the contractor to the Secretary, in the Department of Water Resources, Government of Bihar on 22.05.2009 which was duly received in that Office in the same day. In the said application the contractor pointed out how the Executive Engineer malafidely mutilated the measurement books and threat the petitioner. It appears that on coming to know of this complaint being lodged by the contractor on 22.05.2009 the present case was instituted which is a figment of imagination. In this case one noticeable aspect is that while alleging against the petitioner who is the contractor’s representative, the Executive Engineer had also made serious allegations against his own junior - 3 - Officers for siding with the petitioner. The allegations are that the contractor is said to have pressurized under threat to sign cheque for payment to the contractor. From the F.I.R. it is clear that it is not in dispute that substantial money had been given to the contractor for the project of work done. On behalf of petitioner it is submitted that these facts would establish that the Executive Engineer is acting malafidely only because the contractor has been complaining against his high ended activity. Even the Superintending Engineer as the documents recorded therein, has questioned the normal conduct of the Executive Engineer. The Executive Engineer has since been transferred but before leave in station he has lodged the present case as well. After having considered the matter and heard the parties, in my view, prima facie, it is a long standing dispute between the contractor and the Executive Engineer. Be that as it may, let the petitioner namely Raman Singh, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction - 4 - of Chief Judicial Magistrate, Munger in connection with Tarapur P.S. Case No. 43 of 2009 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)