IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37316 of 2008 KRISHNA MURTI PRASAD … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Y.C. Verma, Sr.Adv. For the State: Shri Dashrath Mehta, APP ----------- 4. 10.11.2008 Heard both the sides. The petitioner, a Tax collector in Nagar Panchayat, Dighwara, within the district of Saran at Chapra, is in custody in a case under Sections 420,467,468,477 and 120B of the Indian Penal Code. The allegation is that while executing different schemes, as per details in the F.I.R., the petitioner indulged in defalcation of huge amount of public money. The defalcation was not that no work was done, rather, the qualities of work were also not up to the specified estimates. The details have been given, as noted above, schemewise and deficiencywise. The contention is that the petitioner was merely a name lennder and the real person behind the entire episode was Puroshottam Maharaj who was the Chairman of Nagar Panchayat, Dighwara who had collected 2 all the cheques in respect of the money advanced to or received by the petitioner. It was contended that this is indicated in the F.I.R. also that the petitioner was merely the name lender. The next contention was that the petitioner is in custody for last six months or so, and the above noted Chariman of the Nagar Panchayat has been admitted to anticipatory bail by a Bench of this Court. It was next contended that the Engineers, like, Dina Nath Dutt and Parmatma Tiwary have been admitted to bail by the lower court itself. The copies of the orders granting bail to Purushottam Maharaj and Dina Nath Dutt have been produced during the course of hearing of the present petition. The case involved embezzlement of public money which was advanced/paid to the petitioner so as to completing the development schemes in an underdeveloped area, like, Dighwara in the district of Saran and the total defalcation amount, as per the F.I.R., is over Rs. 4,00,000/-. The petitioner admittedly had received the payments. His plea that he had handed over 3 the cheques or liquid cash to the Chairman of the Nagar Panchayat, to me, is not tenable nor it is acceptable. It appears a concerted act of defalcation of public money and thereby allowing the undeveloped area of the State to remain as it was, considering which I am not inclined to direct the release of the petitioner on bail. The petition is dismissed. While I was hearing the prayer for bail a copy of the order dated 8.6.2007 passed by the Additional Chief Judicial Magistrate, Saran, in Dighwara P.S.Case No. 103 of 2006 was produced before me. I have perused the same and that does not even speak of the allegation or material which could be found by the investigating agency or the informant as regards the complicity of Dina Nath Dutt. The learned Magistrate appears basing his order on the observations of the Sessions Judge-in-charge. I believe that he was not acting according to the judicial considerations. As such, I direct the Registrar General of this Court to place this order before the Hon’ble Inspecting Judge of 4 Saran Judgeship so that his Lordship evaluates the order dated 8.6. 2007 passed by the Additional Chief Judicial Magistrate, Saran at Chapra in Dighwara P.S.Case No. 103 of 2006. Kanth ( Dharnidhar Jha, J.)