IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38083 of 2008 RAM BHAROSH RAI Versus STATE OF BIHAR ----------- 2. 17.11.2008 Heard Sri Rana Pratap Singh, Senior Advocate for the petitioner and the learned A.P.P. for the State. There are three allegations against the petitioner though the entire FIR appears hinging around him in respect of 13 number of schemes which were to be completed in the development blocks of Bachhwara and Mansoorchak. The FIR is a detailed report and the sls. no. 11, 12 and 13 at running pages 28-29 could be the real allegations. It is not correct to allege that the petitioner was to some extent indulged in propriety inasmuch in two schemes which are described at sl. nos. 12 and 13, he had received advance money of Rs.75,000/- each and had also reported the completion of some work against that advanced amount and again to have received a similar amount in advance. But, the fact remains that nothing had been done on the spot. The impropriety was to such an extent that the site for construction were found, in all the schemes, to be private land and there was no government order on accusation or personal donation instruments in that behalf. The - 2 - court is a bit surprised as to how could it be the present petitioner, who could be held responsible for the whole mess or could it also be the Deputy Development Commissioner of the District or even the Collector who could have approved of the scheme without a proper site and had ordered payment of advance money. This remains the part of the investigation and I direct the S.P. of the concerned district to review the case, look into it from the present angle and arraign as accused the gazetted officers of the State in the rank of the D.D.C/District Magistrate, if they are found having indulged in the offence. This petitioner appears a small fry. Let the above named petitioner be released from custody indeed in the back that the advance money was refunded by the petitioner on execution of a bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Begusarai in Bachhwara P.S.Case No.33 of 2008. B.Kr. ( Dharnidhar Jha, J. )