IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40949 of 2008 RAM KUMAR SINGH …. PETITIONER Versus THE STATE OF BIHAR ….. OPP. PARTY For the petitioner : - Sri Binod Kumar, Advocate For the O.P. : - Sri B. Ram, APP ----------- 2. 23.10.2008 Heard Sri Binod Kumar, Advocate for the petitioner and Sri B. Ram, Additional Public Prosecutor for the State. It was a scheme under the Member of Parliament Local Area Development. A community hall was to be constructed at the Block headquarters at an estimated cost of Rs.5,70,800/-. It is not disputed that the petitioner was the Executing Agent while he was posted there as Village Level Worker (Jan Sewak) and that he has now retired while lodged in custody. The further admitted fact is that the total money advanced to the petitioner out of the estimated cost of the project was Rs.5,12,287/- and that a report called by the learned Sessions Judge through the Public Prosecutor on the estimated value of the construction, which has already been made showed that it was of Rs.4,77,831/-. The contention is that if there was at all any defalcation, which the petitioner denied, it could be around Rs.35,000/- and the petitioner was in the process of - 2 - completing the construction by putting in the Grills in the windows and carrying out the removal of other deficiency, which could be left to be removed in the construction.. But, in the meantime, the FIR was lodged and the petitioner was arrested and remanded to custody. It was contended that the petitioner had ordered for the fabrication of the grills to be fitted in the building and as soon as he gets out of prison, he will be getting those fitted at the proper places. The further contention is that the petitioner undertakes to remove any deficiency, which could be ordered to be removed and which is covered by the plan of the scheme. The learned Senior counsel has requested the court to record this undertaking. Regard being had to the fact that the petitioner now retired from service and that it could be a matter of around Rs.35,000/- and further considering the undertaking, let petitioner Ram Kumar Singh be released from custody on furnishing a bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 61 of 2005. - 3 - Let a copy of this order be transmitted to the Collector of the District for ensuring that the petitioner does complete the remaining part of the work and removes whatever deficiency appears from plan estimated of the scheme. DKS/ (Dharnidhar Jha, J)