IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14958 of 2009 CHANDRASHEKHAR CHOUDHARY Versus THE STATE OF BIHAR ----------- 02/ 22.05.2009 Heard Dr. Amrendra Kumar No.1, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case relates to embezzlement of govt. money, which was meant for supplying compensation and solatium to farmers, who had lost their crops in the devastating floods of 2007. As facts stand some of the persons were never figuring in the list of beneficiaries and some, who were figuring could not get the cheques to the tune of Rs.14,11,386/-. The manipulated records in respect of making illegal payment or not making the lawful payment by making over the cheques to the beneficiaries were recovered from very room in which the petitioner was residing. That room was the part of the building which was the official residence of the Block Development Officer. The allegation is that the petitioner, who was the Nazir along with the B.D.O. and others had come together to conspire to do acts as complained of. Learned counsel appearing for the petitioner has - 2 - used all his persuasive before me to convince me that the petitioner being a Govt. Servant had not any powers or dues in respect of the acts complained of as the list of beneficiaries was to be prepared by the members of the Panchayat Samiti in consultation with the Mukhia and the B.D.O. and then only the payments could be made. This is to well to the stated that in financial matters specially regarding the payment of any sum the Nazir of an Establishment is the key figure. The evidence was being carried by the petitioner with him and the same was found in the room in which the petitioner was residing. Considering the facts and circumstances of the case, I am not inclined to direct the release of the anticipatory bail. The petition is dismissed. DKS/ (Dharnidhar Jha, J.)