IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15793 of 2011 BINDESHWARI PRASAD(BLOCK DEVELOPMENT OFFICER, TEGHRA), S/O- LATE DEVI SAH. Versus THE STATE OF BIHAR THROUGH VIGILANCE For the petitioner: Mr. Arvind Kumar Monar, Advocate For the Vigilance: Mr. Ramakant Sharma, Sr. Advocate ----------- 2 26.05.2011 Heard both sides. Petitioner, during the relevant time, was serving as Block Development Officer. An inspection was carried out the office of the petitioner by the senior officer wherefrom it appears that the petitioner was involved in delaying payment to the beneficiaries under different governmental programmes including Indira Awas Yozna. Two of the beneficiaries under the Indira Awas Yozna subsequently made statement that the amount granted to them for construction of houses/homes under Indira Awas Yozna were not given to them and a demand for gratification was being made from them. In course of such inspection, the Deputy Development Commissioner has found several financial irregularities in the office of the petitioner. Accordingly, a report was submitted wherein recommendation was made for initiating departmental proceeding but the senior officer of the district having found that the facts found therein constitute offence, the F.I.R. was lodged. Learned counsel for the petitioner submits that 2 the petitioner has been taking stern action against different employees under him which has resulted in filing of the present case. It is submitted that a cheque for a sum of Rs. 60,000/- was issued in the name of Post-Master which was subsequently cancelled by him. It appears from the inquiry report of the DDC that the cheque favouring the Postmaster was recovered from the office of the petitioner which was not a cancelled cheque. In the facts and circumstances of the case, this Court is not persuaded to privilege the petitioner with anticipatory bail. His prayer for anticipatory bail stands rejected. Let the petitioner surrender and apply for regular bail which shall be considered and disposed of in accordance with law uninfluenced by the present order. pkj ( Kishore K. Mandal, J)