IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51511 of 2008 SURENDRA KUMAR AGRAWAL, son of Late Rewati Raman Prasad, resident of Maurya Vihar Colony, Khagaul, PS Phulwari Sharif, Patna.. Petitioner. Versus STATE OF BIHAR ----------- 2 4.2.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case under sections 409, 419, 420, 467, 468, 471/34 of the Penal Code The petitioner was Superintending Engineer who retired on 31.7.2004. This matter arises out of payments to be made to M/s. Shambhavi Construction who had moved this court in CWJC No. 15455 of 2004. This court passed an order that the admitted dues should be paid to the aforesaid construction company. Learned counsel for the petitioner submits that after the liability committee ascertained the dues, payments were made. In the mean time there was a delay in payment and M/s. Shambhavi Construction moved this court in a contempt petition. In the said application a direction was given that the persons responsible for delaying the payment should be dealt with in accordance with law. Accordingly one Vinay Sharma was put under suspension and a departmental proceeding was initiated against him. Vinay Sharma moved this court against the order of suspension and the initiation of the departmental proceeding. The order was quashed and this court while parting with the order observed that the State Govt. should look into the matter and take appropriate remedial measures not only to 2 recover the amount which has unauthorisedly been paid but also to take criminal action against those who were responsible for such payment. On the basis of the aforesaid order of this court, a contempt petition was filed. The contempt petition has now been disposed of on 10.11.2008 in which there is an observation that the State Government should identify the persons involved in the so called “unauthorized payment”. Learned counsel for the petitioner submits that without making any enquiry or without looking into any records, the petitioner along with several others have been made accused in a case of unauthorized payment. Learned counsel submits that on two occasions a committee of five persons was constituted to look into the dues of M’s. Shambhavi Construction and after looking into the records found that the construction company was entitled for payment. These documents are Annexures 3 and 4 to this application. It is submitted that the payments have been made after proper scrutiny. Considering the facts and circumstances aforesaid, the petitioner is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in Birpur PS case No. 88/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Birpur, Supaul subject to the conditions laid down under section 438 (2) of the Cr. P.C. haque (Sheema Ali Khan, J.)