IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38309 of 2008 DINESH KUMAR Versus STATE OF BIHAR ----------- 4. 16.12.2008 Heard Sri Bineth Kumar, Advocate for the petitioner and the learned A.P.P. for the State. The petitioner is in custody in a case under Sections 420 and 406 IPC since 24.8.2006. The allegation is that the petitioner after obtaining a composite term loan of Rs.90,000/- for establishing a manufacturing unit of steel boxes, took out 55,100/- for paying up a bill of M/S Mahanagar Steel Nanak Guru Gobind Path, Patna City, for purchasing steel, but did not get the stock verification done by the Bank Officials as the goods were hypothecated to them and subsequently was found missing from the business premises without paying up any instalments or any part of the same. The other amounts were also withdrawn by the petitioner and the total withdrawal was of Rs.75,000/-. As may appear from the date of custody, the petitioner is in custody for about 28 months. The report of the learned trial Magistrate which appears at flag-A does not indicate as to when the charge was framed. It is - 2 - further revealed by the report that Sri R.P.Gupta, who was earlier trying the case also did not do anything and ultimately the case has been received by the present Magistrate on 21.7.2007 and in a period over a year, the Magistrate has not been able in getting the witnesses examined by her, least to talk of any document being produced before her. It appears that the matters of such nature directly connected with defalcation of public money, are not getting proper attention of the courts of Magistrates and the matters are being proceeded with in a lethargic manner. In fact, the Prosecuting Officer of the court also appears treating the matter lightly as he could not be able to produce with the documents before the court, which could be the core evidence in the case. I direct the release of the above named petitioner on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Barh, District-Patna in Barh P.S.Case No.09 of 1999. Let the Zonal Manager, State Bank of - 3 - India, Patna be directed to produce all the documents connected with the FIR produced before the Magistrate within 15 days of the present order. Let copy of this order be transmitted to the Director General of Prosecution for taking appropriate steps for the lethargic action of the prosecuting officer who could have been handling the case since it came on to the trial before the Magistrates posted in Barh with an appropriate report to this Court about the action taken. I was also entertaining an opinion to proceeding against the officers of the judiciary for being so lethargic and indifferent towards cases of misappropriation as the present one, but I drop the idea in expectation that the present Magistrate concludes the trial with all ado and alacrity. As regards the petitioner he shall remain physically present in court on all dates even if there is no purpose of attendance and no representation of the petitioner shall be allowed. B.Kr. ( Dharnidhar Jha, J. )