IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9612 of 2009 SACHIDANAND SINGH Versus STATE OF BIHAR & ANR ----------- 3 27.8.2009 Heard Counsel for the petitioner and the Counsel for the Vigilance Department. Petitioner was posted as an Executive Engineer to look after the project of Baruane Zamindari Bandh. The Executive Engineer Technical Examination Cell examined the quantity of earth work and came to the conclusion that excess money has been paid to the Contractor in criminal conspiracy by all 12 Engineers of Flood Control Division,Mokama including the petitioner. Counsel for the petitioner submits that the allegations are incorrect as it is a question of pure calculation if it is properly done. The conclusion will be that there is no defalcation and this money has been paid for execution of the work. However Counsel for the Vigilance Department has given reference of the Criminal Writ filed by the petitioner vide Cr.W.J.C. No. 1138 of 2008. It has been stated that all defence has been taken by the petitioner which was also taken in Criminal Writ and finally it has been dismissed. Considering the fact that other Engineers whose - 2 - names are also there as an accused in this case have been granted anticipatory bail till submission of the charge-sheet vide order dated 21.5.2009 passed in Cr. Misc. No. 10597 of 2009 and Cr. Misc. No. 10635 of 2009 petitioner is also allowed anticipatory bail till submission of the charge-sheet. Let petitioner above named surrender before the Court below within a period of four weeks from today, when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-I, Patna in Special Case No. 57 of 2008 arising out of Vigilance P.S. case No. 87 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. The petitioner will fully cooperate with the Investigating agency. (Mridula Mishra,J.) A.Kumar