IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44177 of 2009 ABHISHEK KUMAR SINHA Versus THE STATE OF BIHAR THRU. VIG. with Cr.Misc. No.3889 of 2010 RAJ NANDAN PRASAD Versus THE STATE OF BIHAR THU. VIG. ----------- 3 23.2.2010 Heard learned counsel for the petitioners and learned counsel for the Vigilance. The submission of learned counsel for the petitioners is that filling of earth on Bandh was not found up to its mark because of damage of the same due to heavy rain, contractor was ready to repair even then case was lodged making all the concerned liabile for defalcation but now Superintending Engineer, Executive Engineer and Assistant Engineer have been allowed bail. Petitioners are Junior Engineers. They have no hand while the payment was sanctioned by above officials. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioners shall be released on bail on 2 furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Spl. Vigilance Judge I, Patna in Special Case No. 52/2008, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)