IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.29242 OF 2009 RAM TAWAKAL SINGH @ RAM TABAKAL SINGH, SON OF LATE NANHU SINGH, RESIDENT OF VILLAGE MOAP KALAN, POLICE STATION IMADPUR, DISTRICT ARRAH VERSUS THE STATE OF BIHAR THROUGH VIGILANCE WITH CR. MISC. NO. 29470 OF 2009 JAI KISHORE SINGH, SON OF LATE RAMESHWAR SINGH, RESIDENT OF VILLAGE MAHAVIR TOLA, POLICE STATION AND DISTRICT ARRAH VERSUS THE STATE OF BIHAR THROUGH VIGILANCE ********** 2 16/10/2009 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the Vigilance. The petitioners are the Assistant Engineer and Executive Engineer in the Irrigation Department. The allegation is that two bandhs were being constructed, one at Pandarak and another at Jehanabad. The petitioners are concerned with the bandh which was to be constructed at Jehanabad. It is alleged that the petitioners are responsible for paying a sum of Rs. 15 lacs and odd to the contractor who in fact has not satisfactorily completed the work of building the bandh. Learned Counsel for the petitioners submits that the work of building the bandh is still going on. Learned Counsel further submits that the contractor has filed anticipatory bail application before the Special Judge, Vigilance-I, Patna in which he has state “that from perusal of the enquiry report on the basis of which the Vigilance has lodged this case admit the bandh damaged due to heavy rain and the Contractor is ready to repair the damage but without any opportunity the Vigilance lodged the case”. It has also come in the enquiry report that while measurement of the height of the bandh has not been properly made. As a result, it has been admitted that there are certain discrepancies in the measurement. The petitioners are Government servants and are not likely to abscond. Besides which, this Court has already granted bail in this case to one of the persons vide Criminal Misc. No. 9612 of 2009. Considering the submissions aforesaid, the above named petitioners are directed to be released on anticipatory bail in the event of arrest or surrender before the Court below within a period of six weeks from today in Vigilance Police Station Case No. 76 of 2008 (Special Case No. 52 of 2008) on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna subject to the conditions laid down under Section 438 (2) Of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J.)