IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33112 of 2009 1. HARI NARAYAN CHOUDHARY, son of Shree Lal Mangal, resident of village Manghol, P.S. – Manghol, District – Begusarai, at present posted as Assistant Engineer, Rural Works Sub-Division, Jogapatti, District – West Champaran. 2. BISHWANATH PRASAD, son of Krishna Prasad, resident of Village – Bishunpura, P.S. – Pipra, District – East Champaran, at present Posted as Junior Engineer in Turkhaulia Block under Rural Works Department, District – East Champaran. --------------------- Petitioners. Versus THE STATE OF BIHAR -------------- Opposite Party. ------- 06. 21.06.2010 Heard learned counsel for the petitioners and State. Perused the report received from the District Magistrate, East Champaran, Motihari, in compliance of the order of this court. The petitioners are named in this case being Assistant Engineer and Junior Engineer, carry allegation of not getting the construction of school building properly for which substantial amount was sanctioned and disbursed. The report indicates that the construction of the said building is yet to be completed and out of sanctioned amount of Rs. 12 Lakhs and odds roughly work of Rs. 11 lakhs and odds has been done. It is contended that the relevant Coordination Committee has already approved the periodical construction and payment of the money to the contractor who is one Mukhtar Ansari, who is happens to be the Head Master of the School but not the petitioners. - 2 - Considering the facts and circumstances of the case and the report received, in the event of arrest/surrender within a period of four weeks from today, let the petitioners namely, Hari Narayan Choudhary and Bishwanath Prasad, are directed to be released on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkaulia Police Station Case No. 123 of 2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Rajeev/ (Akhilesh Chandra, J.)