IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28299 of 2011 ================================================== Ram Padarath Narayan, son of Brahmdeo Paswan, resident of Vill-Narasanda, P.S. Chandi, Dist- Nalanda, the then Executive Engineer, Gramin Vikash, Vishes Pramandal Vaishali, Narya Nam- Gramin Karya Vibhag Pramandal No.2, and Technical Advisor Gramin Karya Vibhag Work Circle-2, Purnea, A/P Executive Engineer Rural Work Deptt, Work Division-3, Dist-Gaya .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party/s ================================================== 2 25-08-2011 Heard learned counsel for petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under sections 420 and 409/34 of the Indian Penal Code. It is stated that the First Information Report has been registered at the instance of one, Kalyan Kumar, Executive Engineer. He has stated that during tenure of one, Murlidhar Prasad, Executive Engineer in the year 2004-05, certain advance was made to different Engineers and the advance so made was not adjusted. Subsequently, said Murlidhar Prasad was transferred to different division and charge was handed over to the petitioner on 15.07.2005. The petitioner was thereafter transferred from the Patna High Court Cr.Misc. No.28299 of 2011 (2) dt.25-08-2011 2 said division on 01.03.2008. The main allegation which has been leveled against him is that he did not take proper action for adjustment of the advance made to the different engineers subordinate to him. It is alleged that there is dereliction of duty on his part. Learned counsel for the petitioner submits that he had written some letters during his tenure to the engineers concerned in this regard but unfortunately the advance so made could not be adjusted during his tenure. He further submits that the allegation as against the petitioner is not of receiving any amount as advance or defalcating any government money and in that view of matter at best accusation as against him would invite a disciplinary proceeding but he cannot be subjected to criminal proceeding. Be that as it may, taking into consideration the fact that the amount in question was not received by the petitioner nor it was advanced by him, let the petitioner, namely, Ram Padarath Narayan in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on Patna High Court Cr.Misc. No.28299 of 2011 (2) dt.25-08-2011 3 bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No.207 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Ashwini/- (Ashwani Kumar Singh, J)