IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22407 of 2008 NARESH KUMAR & ORS Versus STATE OF BIHAR ----------- 4 18.07.2008 Heard the learned counsels for the petitioners and the State. Petitioners apprehend their arrest in Jhanjharpur (BhairavAsthan) P.S.Case No. 10 of 2008 for the offences alleged to have been committed under section 420/409 of the Indian Penal Code. It has been submitted on behalf of the petitioners that except the petitioner no.2, who is a retired Govt. servant, rest are serving Government officials, who have been implicated in this case without proper verification of facts and relevant materials. It is further submitted that the petitioners while discharging their duty had made necessary payments on the basis of the measurement of the work done about four years back, however, later on the work performed by the concerned contractor was reassessed and according to the informant certain irregularity in the measurement was found. It is further submitted that the petitioners were not involved in the second measurement; as a matter of fact the second measurement was done behind the back of the petitioners. This apart it is further contended that the report with regard to second measurement was submitted on - 2 - 02.06.2004 whereas the present case has been lodged on 20.02.2008 without any explanation for such long delay nor any explanation was sought for from the petitioner with regard to the alleged irregularities, as a matter of fact there is no irregularity. Learned Addl. P.P. opposes the prayer for bail made on behalf of the petitioners, however he is not in position to refute the submissions made on behalf of the petitioners. Considering the submissions as noticed above and on perusal of the first information report as well as the averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners namely, Naresh Kumar, Vishwanath Thakur, Dhanbir Jha & Md. Khalid be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Jhanjharpur (BhairavAshthan) P.S.Case No. 10 of 2008 subject to the conditions laid down under section 438(2) of the Criminal Procedure Code. Manish/- ( Shailesh Kumar Sinha,J.)