IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27944 of 2009 SUNIL YADAV @ SUNIL KUMAR YADAV,son of late Dashrath Prasad Yadav,resident of village- Baudehra,P.S.-Pasraha,District-Khagaria. Versus STATE OF BIHAR with Cr.Misc. No.27966 of 2009 SURENDRA KUMAR,son of Shri Suresh Singh, resident of village-Masti Fatehpur,P.S.- Begusarai Muffasil,District-Begusarai. Versus STATE OF BIHAR ----------- 02/ 11-09-2009 As both these cases arise out of the same police station case number, they are heard together. In the case earth filling is said to be done by the J.C.B. machine instead of labourers. So, that never affects the work. Only interest of labourers is affected any how. His further submission is that work was completed and labourers were also engaged in the work. Petitioner of Cr.Misc.No.27966 of 2009 is the Executive Agent and petitioner of Cr.Misc.No.27944 of 2009 is the Sub-Executive Agent. So, it is not a case in which petitioners’ arrest can be justified. Accordingly, these petitions for anticipatory bail are allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Pasraha P.S.Case No.37/2009, the above named petitioner in both cases shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )