IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7155 of 2009 AMBIKA PRASAD, SON OF SOM NATH SINGH, RESIDENT OF VILLAGE SAHADANI, P.S. UPHARA, DISTRICT AURANGABAD. ---- PETITIONER. Versus STATE OF BIHAR ------ OPPOSITE PARTY. ----------- For the petitioner : Mr. Santosh Kr. Sinha, No. 2, Adv. Mr. Arvind Prasad Singh, Adv. For the State : Mr. C. Jawahar, A.P.P. 2. 5/5/2009 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion with regard to the description of the court during course of the day. Heard. Petitioner is facing prosecution under Section 406 of the Indian Penal Code in connection with Goh P.S. Case No. 85 of 2002. Allegation is that the petitioner, who is the Contractor, was given work order under Employment Guarantee Scheme No. 34/97-98. However, it was found that he did not complete the work within time and the work for Rs. 27,679/- was also not completed by him. On the other hand, learned counsel for the petitioner submits that the petitioner has already completed the entire work and he has been falsely implicated in this case. Learned counsel for the petitioner has brought on record the information given by the Block Development Officer, Goh, under the Right to Information Act vide Annexure-B to the supplementary affidavit showing that he has taken Rs, - 2 - 1,61,000/- as advance but has completed the work of Rs. 1,70,713/-. Thus, submission is that there is no question of any defalcation of money and at best this is a case of non- completion of work within time or non-completion of the entire work. Further submission is that the petitioner is in jail custody since 15.9.2008. In the facts and circumstances of the case, petitioner Ambika Prasad is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Shri R.K. Rai, Judicial Magistrate, Daud Nagar, Distt. Aurangabad in connection with Goh P.S. Case No. 85 of 2002. S. Ali (Dr. Ravi Ranjan, J.)