IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32721 of 2008 1.PREM KUMAR JHA @ SUTKUN JHA son of Indra Kanat Jha, resident of village –Thengaha, P.S.Sakatpur, Dist.-Darbhanga. 2.Ram Chandra Yadav son of Hazari Yadav. resident of village –Debana, P.S.Sakatpur, Dist.- Darbhanga. 3.Kamal Ram son of Gautam Ram, resident of village –Debana, P.S.-Sakatpur, Dist.-Darbhanga 4.Prakash Kumar Jha @ Raja Jha son of Indra Kant Jha, resident of village–Thengaha, P.S. Sakatpur, Dist.-Darbhanga. 5.Vinay Kumar Jha, son of Raj Narain Jha, son of Indra Kanat Jha, resident of village –Thengaha, P.S.Sakatpur, Dist.-Darbhanga. Versus STATE OF BIHAR with Cr.Misc. No.33625 of 2008 1.BUDHDEO PRASAD @ BUDHAN YADAV son of late Chhotan Prasad Yadav, resident of village-Baretta, P.S.-Mahishi,Dist.-Saharsa Versus STATE OF BIHAR ----------- 3. 6.1.2009. Heard learned counsel for the petitioners and the State. Both the bail petitions have been heard together and are being disposed of by this common order as they have arisen out of one occurrence under sections 143, 429, 409, 379, 427 and 431 of the Indian Penal Code. The informant has alleged that general complaint was made that the petitioner Budhan Yadav, Junior Engineer, Irrigation Department, in connivance with other accused persons were conspiring to cut Kamla Balan Western Bandh. Information was given to B.D.O., Tardih, who made enquiry and found the allegation to be true. Further allegation is that the Junior Engineer and his persons used to cut the Bandh and take contract for repair and distribute the money. Sluice gate was also taken away and sold. Submission is that the matter was investigated into by the I.G.,Darbhanga, who stated that no body has supported cutting of - 2 - Bandh. He has reported that it was not for the informant to allege anything against any individual. It is the department which is responsible or aggrieved. Allegation of theft of Sluice gate was also found to be incorrect as it was found kept in the village. The allegations were not supported by the witnesses. Considering the facts and circumstance of the case, the above named petitioners are directed to surrender before the Chief Judicial Magistrate, Darbhanga within three weeks from the date of receipt/production of a copy of this order and in that event they shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to his satisfaction in connection with Sakatpur P.S.Case No.70 of 2007 subject to the conditions as laid down under sections 438(2) Cr.P.C.. Md.S. (Shyam Kishore Sharma,J.)