IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33486 of 2009 Dinesh Chandra, son of Late Sahdeo Das, resident of Village- Dhobidih, P.S. Rajoun, District-Banka, at present Posted as District Engineer, District Board, Saharsa…Petitioner. Versus The State of Bihar, through VigilanceDepartment…OppositeParty. ----------- 2. 23. 11. 2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Vigilance P.S. Case No. 21 of 2008, registered for offences under Sections 409, 420, 467, 468, 471, 477(a), 109, 120B of the Indian Penal Code and r/w Section 13(2), r/w 12(i)(08.12.2008.) of Prevention of Corruption Act. It is submitted that allegation is to the effect that co-accused who was Executive Engineer made wrongful payment with respect to the work in question in conspiracy with the petitioner, who was an Assistant Engineer and co- accused Vidya Sagar Prasad, Junior Engineer. It is submitted that allegation of making payment is on the basis of measurement book of the Executive Engineer who has been allowed bail by this Court vide order dated 18. 07. 2008 passed in Cr. Misc. No. 27262 of 2008, certified copy of this order which has been produced and is kept on the record. Learned Special Public Prosecutor, Vigilance appearing for the State submits that the petitioner is not co- operating in the investigation. Learned counsel for the petitioner submits that 2 petitioner is ready to co-operate with the investigation and is also ready to deposit one third of the alleged loss incurred by the Government. Considering the facts and circumstances of the case, petitioner, namely, Dinesh Chandra, in the event of his arrest or surrender in the court below within a period of four weeks from today, shall 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 the Special Judge, Vigilance, Patna, in connection with Special Case No. 12 of 2008 (Vigilance P.S. Case No. 21 of 2008), subject to the conditions as laid down under Section 438(2) Cr.P.C. with a further condition that petitioner shall deposit a sum of Rs. 35,000/- in the court of Special Judge, Vigilance, Patna. 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. It goes without saying that the petitioner shall co-operate with the prosecution. m.p. (Shailesh Kumar Sinha,J.)