IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51962 of 2008 GYANENDRA KUMAR PANDEY @ GYANENDRA PANDEY, S/O Gopal Pandey, resident of Mohalla Anand Nagar, P.S. Kotwali, District – Baliya (U.P.). At present posted as Junior Engineer Rajpur Block District - Buxar Versus THE STATE OF BIHAR ------- 2. 23.01.2009 Heard Sri Tarakant Jha, Senior learned counsel appearing for the petitioner and Sri S.R. Haque, APP for the State. The case relates to construction of a road and a culvert lying thereon, which has been described in the report, which is the basis for filing of FIR in paragraph 3. The total estimated cost of the scheme was Rs.12,85,500/- only and the petitioner is said to have completed the earth work and the construction of the culvert. The work, which was done by the petitioner, was found deficient by Rs. 73,086/- only and being directed to deposit the amount, he had deposited the same before lodging of the FIR and accordingly, the Collector reported that it was not a fit case in which the prosecution should be launched. As regards the FIR, this was lodged on account of the report Annexure – 3. The allegation is that the petitioner defalcated an amount over Rs.1,65,000/-. It does not appear from any document as to on what basis the allegation has been made to the above - 2 - effect. Regard being had to the facts and the report of the Collector (Annexure – 3) that it was not a fit case in which the prosecution should be launched and also considering the basic document regarding the value of the work done by the petitioner, let petitioner Gyanendra Kumar Pandey @ Gyanendra Pandey be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Simari P.S. Case No. 78 of 2002. DKS/ (Dharnidhar Jha, J.)