IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41499 of 2008 WAKIL AHMAD Versus STATE OF BIHAR ----------- 3/ 12.1.2009 Heard. The case relates to illegally taking out 98 steel pipes of 4” diameter from the go-down of the Minor Irrigation Division, Bettiah without any authority in that behalf. Initially some political workers took up the matter by writing about the act and it is alleged that they caught the petitioner and handed him over to the police station. The contention is that the petitioner was arrested on 27.7.2008 but the FIR was lodged on 28.7.2008 and that could happen only on account of some political motivation and maneuvers by some office bearers and members of the political party. It is further submitted by referring to some paragraphs of the case diary that the farmers had deposited price for supply of steel pipe but those could not be supplied on account of not being available in store and no sooner the supplies were received, those farmers took out the pipes under the supervision of some officers of the concerned department. 2 I was taken through the case diary by the APP and I also perused some of the paragraphs thereof, specially that, which is one of the letters of the Executive Engineer, Minor Irrigation Division, Bettiah addressed to the Block Development Officer, Lauria and that indicates that it was completely an unauthorized and illegal act of taking out steel pipes, 98 in number, from the go-down of the government, considering which, the petition is dismissed. Anil/ ( Dharnidhar Jha,J )