IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51220 of 2007 SRI MAHENDRA BAITHA @ MAHENDRA BAITHA Versus STATE OF BIHAR ----------- 4/ 6/5/2008. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a police case under Sections- 406, 408, 409 and 420/34 of I.P.C. The allegations are of expenditure of Rs.25, 540/- by the petitioner who was the then Executive Engineer without preparation of the estimate. As per allegations, a show cause was issued to which he replied on 28.6.1996. He then superannuated on 31.7.1999. The present F.I.R. has then been lodged in January, 2007. There is no explanation for this period of 11 years. The next submission is that the allegations do not say on what the money was spent without an estimate. Reference is made to paragraph-27 of the case diary that for vagueness the investigating officer was also finding it difficult to investigate. Learned counsel for the State submits that no further directions in respect thereof have been issued. In the facts and circumstances let the petitioner Sri Mahendra Baitha @ Mahendra Baitha surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- - 2 - (ten thousand) along with two sureties of the like amount each to the satisfaction of C.J.M., Araria in Araria P.S. Case No.9/07, subject to the conditions laid down under Section- 438(2) of Cr.P.C. KC ( Navin Sinha,J )