IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42197 of 2010 1. BRAHMA CHARI SHARMA 2. SHRAWAN KUMAR SHARMA 3. BINAY KUMAR SINGH @ VINAY KUMAR SINGH Versus THE STATE OF BIHAR . ----------- 04/ 26.03.2011 No one appears for the State. Petitioners are apprehending their arrest in connection with Begusarai Town P.S. Case No. 493 of 1993 registered for offence under Section 409 of the IPC. Counsel for the petitioners submits that FIR of Begusarai Town P.S. Case No. 493 of 1993 was instituted in the year, 1993 against Ram Chandra Prasad Gupta, the then Assistant Engineer, Rural Engineering Organization, Works Sub-Division, Begusarai for alleged defalcation in respect of earth filling work of different roads. So far these petitioners are concerned, who were posted at the relevant as Assistant Engineers, were not named in the FIR. After a long gap in the year, 2009 for the first time their names have been implicated in the case on the basis of some enquiry. Considering these facts, prayer for 2 anticipatory bail on behalf of all the three petitioners above named is allowed. They are directed to be released on bail, in case of their appearance before the court below within four weeks from today, 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, Begusarai in connection with G.R. No. 3115 of 1993 arising out of Begusarai Town P.S. Case No. 493 of 1993, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Petitioners will make themselves available during trial whenever their appearance will be required. They will co-operate for early disposal of the trial. In case they will make themselves absent consecutively for more than two occasions, their bail bond shall be cancelled. DKS/ (Mridula Mishra, J.)