IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10607 of 2011 PRAKASH BHARTI Versus THE STATE OF BIHAR with Cr.Misc. No.11922 of 2011 RAKESH KUMAR Versus THE STATE OF BIHAR ----------- 02. 21.04.2011 Petitioners being Junior Engineer and Assistant are apprehending their arrest in a case registered under Sections 420, 409, 34 of the I.P.C. The accusation against petitioners is to have made inflated measurement of the work done under NAREGA scheme which caused loss of revenue to the government to the tune of Rs. 1,54,281/-. It is submitted by learned counsel for the petitioners that the measurement of the soil work was done after one year of the completion of the scheme. Moreover the superior officers who are also participated in the execution of scheme, in order to safe their skin have got this case lodged in which neither the Executive Engineer nor the Mukhiya have been made accused. Let the petitioners deposit Rs. 50,000/- each before learned Court below within a period of four months which will be invested in some fixed deposit scheme which will be subject to the result of the case. Considering the aforesaid facts, let the 2 petitioners namely 1. Prakash Bharti 2. Rakesh Kumar, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Lakhisarai in connection with Piri Bazar P.S. Case No. 65 of 2010. Till deposit of the aforesaid amount the bail bond of the petitioners will be provisionally accepted which will be confirmed on deposit of the aforesaid amount. Let the Superintendent of Police, Lakhisarai supervise the case as under what circumstance the Executive Engineer and Mukhiya are not responsible for inflated measurement when the measurement was approved by the superior authority. Shageer ( Dinesh Kumar Singh, J)