Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39108 of 2012 ====================================================== 1. Radhey Shyam Bihari Singh (Retd I.A.S.) S/O Late Ramashray Singh R/O Sector-7, Block-4, Flat No.27, H.I.G. Flats, Bahadurpur Housing Colony, P.O. & P.S.- Agamkuan, Patna- 800026 2. Md. Rahbare Islam S/O Late Haji Abdul Wahid R/O At Mohiddinpur, Ward No.1, P.O.+P.S.- Kishenganj, District- Kishenganj .... .... Petitioner/s Versus 1. The State Of Bihar (Through The Vigilance Investigation Bureau, Patna) .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39270 of 2012 ====================================================== 1. Madan Mohan Deo S/O Late Sonlal Matho R/O 102, Shefali Apartment, Dr. A.K. Sen Path, Kazipur, P.O.- Bankipur, P.S.- Kadamkuan, Patna- 800004 2. Shri Bengali Ram S/O Late Ram Prasad Ram R/O Postal Park, Indira Nagar, Road No. 2, P.O.- Patna G.P.O., P.S.- Jakkanpur, Patna- 800001 .... .... Petitioner/s Versus 1. The State Of Bihar (Through The Vigilance Investigation Bureau, Patna) .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.39147 of 2012 ====================================================== 1. Dr. Fateh Faiyaz S/O Late Fakhruddin Resident Of Dehti, Police Station Palasi, Town- Araria, District- Araria. .... .... Petitioner/s Versus 1. The State Of Bihar Through Vigilance. .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.41588 of 2012 ====================================================== 1. Raghunandan Jha S/O Late Suresh Jha, The Then Circle Officer, Pothia, Dist.- Kishanganj Present Address- Director, National Employment Programm (N.E.P.) DRDA Banka At P.O+P.S.+Dist.- Banka .... .... Petitioner/s Versus 1. The State Of Bihar Through Vigilance Department Patna High Court Cr.Misc. No.39108 of 2012 (4) dt.21-11-2012 2/7 .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : M/S Abhay Kumar Singh, Rana Pratap Singh, Chittaranjan Sinha, Sr. Advocates Tarique Mustafa, Advocate. For the Vigilance : Mr. Ramakant Sharma, Sr. Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 4 21-11-2012 Heard learned senior counsels for the petitioners and the Vigilance. The petitioners being the then District Magistrate, Sub- divisional Officer, Additional Collector, DCLR, Kishanganj and Circle Officer, Pothia Anchal are apprehending arrest in a case registered for the offences punishable under Sections 7, 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 and [STATUTE] . It is alleged that between 1998 to 2000, 44 entrepreneurs were leased five acres of land each for 99 years for the tea cultivation industry in Tkakurganj and Pothia Blocks of Kishanganj District by wrongly interpreting the State Industrial Policy, 1995 whereby 13.94 acre of Gair Mazaua Aam lands were settled when more than one unit of five aces were given to same family. It is further alleged that big entrepreneurs are commercially using Bhudan lands. Jungle jhar lands were leased Patna High Court Cr.Misc. No.39108 of 2012 (4) dt.21-11-2012 3/7 out without permission of the Forest Department and salami was not realized. The settled lands in favour of tribal were also leased out without its cancellation. Moreover, the whole process was done with undue haste when lease agreement was made in derogation to Khas Mahal Manual causing loss of crores of rupees to the Government. It is submitted by learned Sr. counsels for the petitioners that for accelerating the industrial weather of the state, the Government of Bihar brought industrial policy 1995 which stipulates the allotment of 5 acres of land to each entrepreneur for 90 years with option of renewal when the rent was revisable after every 20 years. In pursuance to the industrial policy, the Circle Officer was to recommend the application which was forwarded by the DCLR and SDO when the lands were leased out by the Collector on the basis of pre-determined rate of rent fixed by the State Government. It is submitted that all the 44 units of leased out lands are not Gair Mazarua Aam or Khas or the forest lands. So far as the question of leasing out of settled lands of the scheduled tribes is concerned, such settlees never occupied the land or the rent was ever realized in lieu of such settlement. Moreover, the scheduled castes migrated from the area in question and the lease to Patna High Court Cr.Misc. No.39108 of 2012 (4) dt.21-11-2012 4/7 entrepreneurs was made after inviting objections through general notice when no objection was made from any quarter. Moreover, the lands were barren when the commercial rent was realized by executing a lease to entrepreneurs on charging of the registration fee of Rupees one lakh each and there was no provision of salami in the policy in question, hence no revenue loss was caused to the government and the petitioners can only be blamed for illegality if any with regard to the area which has been leased out and not any other area on which tea cultivation is going on. It is further submitted that the then Collector, Kishanganj vide order dated 25.04.2003 cancelled the lease of entrepreneurs on the ground that industrial policies were wrongly interpreted, Gair Mazarua Aam lands were settled by the collector which can only be settled by the Government when the industrial policy 1995 includes tea cultivation, processing and packaging as one thrust of industry rather only the tea cultivation. The said order of Collector was challenged before this Hon’ble Court vide CWJC No. 5123 of 2003 when this Court vide order dated 30.06.2010 as contained in Annexure-9 to the present application remanded the matter to Industrial Development Co

Applicable IPC Section: 409

Statute Text:
Section 409 of the Indian Penal Code. Criminal breach of trust by public servant or by banker, merchant or agent, etc. Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.