IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12789 of 2011 SAJJAN KUMAR SAHNI Versus THE STATE OF BIHAR ----------- 2 22.04.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 420 and 353/34 of the Indian Penal Code. The accusation, with regard to the project no. 3-4 of earth filling and brick soaling have found to be substandard during enquiry. It is further alleged that measurement book has not been verified by the Assistant Engineer, the substandard bricks have been used in the soaling and the labourers are not paid the wages for three months or paid wages for six days after taking work for 16 days. It appears from Annexure-6 that after doing the preliminary enquiry, a show cause was given to the petitioner on 30.12.2010 to file the explanation within five days, as to why for the alleged charges the agreement should not be cancelled, but, it appears from 2 letter nos. 3 and 4 dated 30.12.2010 itself, the D.D.C directed the Programme Officer to lodge the F.I.R. though, the F.I.R., was ultimately registered on 03.01.2011, but, it shows the mechanical approach of the D.D.C. Once he has given five days time to file show cause then direction for lodging of the F.I.R on the same day reflects the predetermined mind. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Chandpura P.S. Case No. 01/2011, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioner will be accepted on his undertaking on affidavit that he will make himself available during investigation as and when required and he will fully co-operate in the 3 investigation. The non-co-operation of the petitioner in the investigation will give liberty to prosecution side to file an application for cancellation of the bail of the petitioner. Amrendra/- (Dinesh Kumar Singh, J.)