Nand Lal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54260 of 2019 Arising Out of PS. Case No.-151 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== NAND LAL SINGH Son of Late Baldeo Singh Resident of Village and P.O.- Baghi, P.S.-Samastipur, District-Samastipur, Presently posted as Assistant Engineer, Local Area Engineering Organization, Works Division-1, Sasaram, District-Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anita Kumari, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner as well as learned APP.

During course of inspection of the building (Panchayat Bhawan), Kuchaykot, Rampur Kharaiya, been already handed over on 25.02.2016, were found defective one on account of inferior quality of the materials having been used and accordingly, the same was communicated to the District Magistrate who ordered for institution of the case against Junior Engineer, Assistant Engineer, Executive Engineer, BDO, Contractor and Panchayat Sachiv.

It is evident that the then Junior Engineer, Laleshwar Sao has been granted anticipatory bail vide order dated 22.10.2019 under Cr.Misc. No. 62865/2019 whereunder, the

Patna High Court CR. MISC. No.54260 of 2019(4) dt.27-11-2019 2/2 certificate having been issued by the Executive Engineer with regard to rectification of the persisting defect, proper repairing of the damaged portion and further, the building has been made effective for its utility, has been granted by the Executive Engineer (Annexure-3), has been taken into consideration in consonance with the fact that inspection was conducted in the year 2019 while building in question was handed over in the year 2016 and the same situation also persists with the petitioner who happens to be the then Assistant Engineer. That being so, petitioner, Nand Lal Singh, in the event of arrest/surrender within four weeks, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-VII, Gopalganj in connection with Kuchaikote PS Case No. 151/2019, subject to the condition as laid down under Section 438(2) CrPC.

(Aditya Kumar Trivedi, J) perwez U T