IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8337 of 2009 AMRENDRA KUMAR AMAN,Son of Late Daroga Choudhary, resident of Village- Ibrahimpur, P.S. Kachhawan, District-Rohtas. ..........................Petitioner. Versus The State of Bihar..........................................................Opposite Party. ----------- 4. 07.10.2009. The petitioner-Superintending Engineer is apprehending his arrest in a case under Sections 406, 409, 467, 468,471 and 120(B) of the Indian Penal Code and Sections 7,8,13(2) read with 13(1) (c)(d) of the Prevention of Corruption Act. The allegation is that the Vigilance Bureau, Bihar, Patna, conducted an inspection of the work made at ‘Zamindari Bandh’, Jehanabad, and the inspection disclosed that the work of ‘Bandh’ was taken up merely on speculations. It was started in the month of March and was not up to the mark inasmuch as the earth filling work was not done according to the estimate. The measurement also disclosed that the earth filling work was not up to the required standard and officers of the State made an excess payment of Rs. 15,87,366/- to the contractor. It is alleged that the contractor did not work in accordance with the specification and on measurement the earth work was found to be incomplete. Learned counsel appearing on behalf of the petitioner submits that the petitioner is a Superintending Engineer and he is not directly related to the actual day to day function of the work in question and he only approved the plan. 2 It is on the direction of the State Government, work was done under supervision of the Executive Engineer and any dereliction in performance of the duty can only be attributed to the Chief Engineer and the Executive Engineer of the Circle. Learned counsel for the petitioner has relied on several documents to show that in fact the measurement of work was done according to the specification etc. I find so far the Superintending Engineer is concerned, he is perhaps, not directly responsible for supervising the day to day function and ensuring that the standard laid down by the State Government is met by the contractor. In the circumstance, the petitioner, Amrendra Kumar Aman is directed to be released on anticipatory bail in the event of his arrest or surrender within four weeks from today in connection with Vigilance P.S. Case No. 76 of 2008 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 Cases, Patna, subject to the conditions as laid down under Section 438(2) of Cr. P.C. U.K. (Sheema Ali Khan,J)