IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4560 of 2009 UMESH PASWAN, SON OF SRI JAGDISH PASWAN, R/V MANSOOR CHAK, P.S. MANSOOR CHAK, DISTRICT BEGUSARAI----PETITIONER. Versus THE STATE OF BIHAR-----OPP. PARTY. ----------- 03. 07.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is a Junior Engineer and at the relevant time was posted in the Bihta Block in the District of Patna and is apprehending his arrest in connection with a case registered for the offence under Sections 406, 420, 120B of the Penal Code and is alleged to have misappropriated the funds allocated for execution of the works under the Employment Guarantee Scheme conducted through the Gram Punchayat. It is submitted on behalf of the petitioner that from the First Information Report itself, it will appear that work under the Employment Guarantee Scheme was executed earlier whereafter the same work is shown to have been executed under the N.R.E.P. scheme. Let the petitioner surrender in the court of Addl. Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 269 of 2007 within four weeks from today and apply for regular bail, which should be considered in the light of the submission noted above and until verification of the aforesaid submission that the scheme entrusted to the petitioner was executed earlier, whereafter the scheme under the N.R.E.P. was sanctioned, no coercive steps be taken against him. However, it is made clear that if the submission noted above is - 2 - found false then the petitioner be taken in custody forthwith. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ (V.N.Sinha, J.)