In the High Court of Judicature at Patna Cr. Misc. No.27262 of 2008 Kapil Deo Yadav Vrs. The State of Bihar **** /2/ 18.07.2008 Heard the counsel for the petitioner and the State. 2. Petitioner has retired on 31.08.2007 from the post of the Executive Engineer. He is named as accused in Vigilance P.S. Case No. 21 of 2008 (Special Case No. 12 of 2008) registered for offences under Sections 409, 420, 467, 471, 477, 109, 120B and 468 of the Indian Penal Code and 13(2) read with 13(1) of the Prevention of Corruption Act. As per the allegation in the first information report an enquiry was conducted with respect to four works, i.e., Agreements No. 60F2/2006-2007, 127AF2/2006-2007, 5F2/2006-2007 (Health Centre Araria) and 11F2/2005-2006. The work under these agreements were not completed as per the terms and conditions mentioned in the agreements. Substandard materials were used and before completion of the work a false entry was made in the measurement book showing completion of the work for the reason that petitioner was going to retire. On the basis of such completion report and measurement, payment was made to the contractor on account of which the Government suffered loss to the tune of Rs.1,02,030/-. Counsel for the petitioner submits that the first information report was registered 2 one year after the retirement. This is not very material as the period of occurrence is prior to his retirement. 3. However, considering the fact that petitioner is ready to deposit one third of the total loss incurred to the Government, as there are other accused also named in the first information report, the prayer for anticipatory bail on behalf of the petitioner, Kapil Deo Yadav, is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with aforementioned case to the satisfaction of the Special Judge, Vigilance, II, Patna, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. 4. The petitioner will deposit Rs.35,000/- in the Court of the Special Judge, Vigilance, II, Patna, and he will cooperate with the investigating agency till submission of the charge sheet and, thereafter, also in trial. The amount which the petitioner will deposit will not prejudice his case and that will be subject to the final out come of the trial. Cp:3/S.A. ( Mridula Mishra, J. )