IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36265 of 2009 1. PRAFFUL CHANDRA PRABHAT S/O SHRI TRILOKI PRASAD VILL- BARHARI, P.S. CHOHABELAPUR, DISTT. NALANDA, PRESENTLY POSTED AS ASSISTANT ENGINEER (PRAKALAN PADADHIKARI) R.W.D. CIRCLE, DARBHANGA Versus 1. THE STATE OF BIHAR with Cr.Misc. No.38646 of 2009 RAMESH BAHADUR SINGH . Versus STATE OF BIHAR . with Cr.Misc. No.38786 of 2009 JANARDAN PRASAD . Versus THE STATE OF BIHAR . ----------- 2/ 16-11-2009 Heard learned counsel for the petitioners and for the State. The petitioners apprehend arrest in a police case under sections 406, 409 and 420 of the Penal Code. The allegations relate to irregularities in construction of roads under the Chief Minister Rural Roads Program with the allegation of poor quality of construction. Separate affidavits have been filed in the three applications. While in Cr.Misc.No.36265 of 2009 the pleadings are clear and specific in the latter two, they are not very clear. Shri Raj Kumar Rajesh, learned counsel appearing for the petitioners in the latter two applications - 2 - submits that the petitioners are under no misconception with regard to the pleadings and essentially want to convey the same stand as later on behalf of the petitioner of Cr.Misc.No.36265 of 2009 for deduction from their salary with regard to any reconstruction of the roads already executed by them due to poor quality works done by them. In that view of the matter, let the petitioners, namely, Prafful Chandra Prabhat ( Cr.Misc. No. 36265 of 2009), Ramesh Bahadur Singh ( Cr. Misc. No. 38646 of 2009) and Janardan Prasad (Cr.Misc. No. 38786 of 2009) surrender within four weeks when they shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in Jainagar P.S. Case No. 92 of 2009 ( G.R. No. 1246 of 2009), subject to the conditions as laid down under section 438(2) Cr.P.C. The grant of anticipatory bail is made conditional with the right of the State authorities to deduct necessary amount/ expenses incurred in the repairs/ reconstruction of the allegedly poor quality of works supervised/ executed by the petitioners proportionately from their salary without further reverting to the petitioners. This shall be without prejudice to the rights of - 3 - the prosecution to pursue the matter under the criminal laws of the land and the deduction of the amount from their salary, during trial, shall not be construed as either an admission of guilt or as obliterating of the allegations against the petitioners. Let a copy of this order be sent by the court to the District Magistrate, Madhubani who has issued letter dated 19.05.2009 requesting proceedings against the petitioners. ( Navin Sinha, J ) BTiwary/