IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28238 of 2011 Direndra Kumar Azad, son of Sri Karmdeo Prasad Pal. Versus The State Of Bihar ----------- 2 24.08.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Sections 409, 420/34 of the Indian Penal Code. The petitioner is one of the three named accused of the first information report. It is submitted on behalf of the petitioner that co-accused Md. Israil to whom advance payment was made for repairing and construction works has already been granted anticipatory bail by order dated 20.04.2011 passed in Cr. Misc. No. 10278 of 2011 by this Court. It is also submitted that co- accused Rajgrihi Singh @ Rajgrihi Prasad who was the then Executive Engineer has also been granted privilege of anticipatory bail by order dated 26.03.2011 passed in Cr. Misc. No. 5760 of 2011 by this Court. It is submitted that the petitioner who was the Junior Engineer concerned at the relevant time has been alleged to have prepared the measurement book which was duly counter signed by the then Executive Engineer, a co- accused. Thus, it is submitted that the case of petitioner is identically situated to that of co-accused Rajgrihi Singh @ Rajgrihi Prasad and is situated on a better footing to that of co- accused Md. Israil who is alleged to have received the advance 2 money. Taking into consideration the aforesaid submissions, let the petitioner, namely, Dhirendra Kumar Azad in the event of his arrest or surrender before the court below within a period of four weeks from the date of communication of the order be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Bikramganj (Aurangabad) in connection with Surajpura P.S. Case No. 68 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Md. Ibrarul ( Ashwani Kumar Singh, J.)