IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14439 of 2009 MD.SHAHNEWAZUL HAQUE Versus STATE OF BIHAR ----------- 2. 01.09.2009 Heard counsel for the parties. The petitioner has approached this Court seeking anticipatory bail in a case instituted under sections 420 and 409 IPC. The allegation as per the FIR lodged by the DDC is that although the works were executed under the NAREGA Programme, but the labourers were not paid their dues. Some of the dues were to be paid in the shape of foodstuffs such as rice. It is contended that the petitioner being the Programme Officer was obliged to accord administrative sanction and thereafter to issue cheque to the executing officials including the agent of the work/scheme. It is further contended that the petitioner having noticed the malpractices being committed by the junior officers, such as Assistant Engineer, Junior Engineer and the agent had already informed the authorities. Those letters dated 19.01.2009 and 03.04.2008 are part(s) of the FIR. It is thus contended that the petitioner is not involved in payment of dues to the labourers. This Court finds from the impugned order that this fact has been taken note of by the learned Sessions Judge also. Having regard to the aforesaid fact, the petitioner 2 abovenamed in the event of arrest/surrender within four weeks from today, shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Sheikhpura in connection with Ariari P.S. Case No.15/09, subject to the conditions as laid down under section 438(2) Cr.P.C. hr ( Kishore K. Mandal )