IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13550 of 2011 RAGHUNATH PD. GUPTA @ RAGHUNATH GUPTA S/O LATE RAM ASHISH GUPTA. Versus THE STATE OF BIHAR ----------- 2 03.05.2011 Heard learned counsels for the petitioner and the State. Petitioner being Junior Engineer is apprehending his arrest in a case registered under Sections 409, 420 and 120(B) of the Indian Penal Code and under S.C./S.T. Act. The accusation is with regard to misappropriation of four schemes being Scheme Nos. 2, 4, 5 and 6 of 2009-10 of Halhaliya Gram Panchayat. There were six schemes out of which on the aforesaid four schemes the advance money of Rs. 7,84,500/- were taken but no work was done. The fake bills were prepared for payment to the brick suppliers. It is subsequently alleged that the Junior Engineer made fake entry in the measurement book. The labourers claimed that they never went to the post office for getting their wages. The labourers got their wages in cash. Though the withdrawal 2 was reflected in their respective pass books as found by Audit Report. It is submitted by the learned senior counsel for the petitioner that the Audit Report which is the part of the F.I.R. reflects that the fake entries were made in the measurement book by the Junior Engineer, Forbesganj. The action recommended by the Audit Team is of filing of F.I.R. and removal from service for performing false bills but no where the petitioner's name figured. My attention has been drawn at pages 188, 198 and 210 of the various documents of the Panchayat proceedings as contained in Annexures- 3, 7 and 11, which reflect the name of the Junior Engineer as Ashok Kumar, Mr. Dashrath Mehta, learned counsel for the State submits that the name of the petitioner sprang up as one of the conspirators and the investigation is still going on. Considering the fact that the Audit Report and the documents of the Punchayat do not reflect the petitioner being the In- 3 charge Junior Engineer of the NAREGA Schemes, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria, in connection with Forbesganj (Simraha) P.S. Case No. 235 of 2010, subject to conditions as laid down under Section 438(2) of Cr.P.C. The bail bond of the petitioner will be accepted on an affidavit being filed by the petitioner that he will co- operate in the investigation. Safik ( Dinesh Kumar Singh, J.)