R.R.PRASAD, J. - (1.) HEARD learned Counsel appearing for the petitioner and learned Counsel appearing for the State.
(2.) THE petitioner has been apprehending his arrests in Hazaribagh Sadar P.S. Case No. 123 of 2005 registered under Section 409/120B of the Indian Penal Code. Learned Counsel appearing for the petitioner submit that as per the case of the prosecution, this petitioner, who at the relevant point of time, was posted as Junior Engineer, District Board, Hazaribagh was entrusted to do work of construction of road for an estimated amount of Rs. 12 lacs and out of that the petitioner withdrew Rs. 6.38 lac though did not complete the work for the said value and that road which was constructed was not as per specification but the fact is that by the time the petitioner could complete the work, he got transferred and, therefore, he made repeated requests to stay his transfer so that he may complete the work but the request made by the petitioner was not acceded to and now after two years of the transfer, this case was lodged with an allegation that at some places earth work was not done as per the specification but for that the petitioner does have explanation but without going into the matter the petitioner would be ready to deposit a sum of Rs. 50,000/ - before the District Board, Hazaribagh but that deposit must be without prejudice to the case of the parties.
(3.) REGARD being had to the facts and circumstances of the case as well as the submission made hereinbefore, the petitioner, above named, is directed to surrender before the Court below within two weeks from today and on his surrender, he, on showing deposit of Rs. 50,000/ - before the District Board, Hazaribagh, be enlarged on bail on furnishing bail bond of Rs. 10,000/ -(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Hazaribagh in Hazaribagh Sadar Rs. Case No. 123 of 2005 (G.R No. 836 of 2005) subject to condition laid down under Section 438(2) of the Code of Criminal Procedure.;