IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33258 of 2011 Surendra Roy, Son of Late Ramashish Roy, resident of Village- Chaktulla, P.S. Hajipur Sadar, District-Vaishali at Hajipur, presently posted as Senior Deputy Collector, West Champaran(Bettiah)………………….Petitioner. Versus The State of Bihar…………………………………………Opposite Party. 2. 28.09.2011. Heard Mr. Rana Pratap Singh, learned senior counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 420, 406, 409, 120(B)/34 of the Indian Penal Code. The accusation is that several government officials for personal gains deposited the money with regard to several rural schemes in Dehti PACCS instead of nationalized bank ignoring the government rules. It is alleged against the petitioner that Six Crore rupees was deposited in Dehti PACCS. It is submitted by Mr. Rana Pratap Singh learned senior counsel for the petitioner that the petitioner was posted as Block Development Officer, Palasi, from 14.10.2005 to 19.04.2007. The First 2 Information Report does not stipulate the period when the money was deposited nor there is any accusation with regard to misappropriation of money. Learned senior counsel has relied upon Annexure-2 by which the Deputy Development Commissioner, Araria, vide Memo No. 1726 dated 02.12.2000 authorized the Block Development Officer, Palasi, for operating the money with regard to „Sunichit Rojgar Yojna‟ and „Jawahar Gram Samridhi Yojna‟ from Dehti PACCS account. Annexure-3 is the letter of State Bank of India whereby the facility of collection of instruments to the account of S.G.V.Bank Dehti PACCS from State Bank of India, Maina Branch, was authorized which also reflects that the Legal Advisor of the Bank has opined that there is no harm in restoring the facility of cheque collection to Dehti PACCS Ltd., which is as follows:- “In my opinion, the Bank has no harm to restore the facility of cheque collection to Dehti PACCS Ltd., which was withdrawn earlier verbally by the Branch Manager, Maina Branch.” 3 The attention of the court has also been drawn to Annexure-5, the letter no. 13780 dated 13.10.2008 of the Principal Secretary, Rural Development Department, Government of Bihar, Patna, whereby the Principal Secretary directed the District Magistrate/Deputy Development Commissioner for withdrawing the money of various schemes kept in various PACCS since it was not safe to keep the money in the PACCS Account and it creates delay in execution of various rural schemes. It is further submitted that the petitioner in compliance to the order of the higher officer kept the money in Dehti PACCS and there is no accusation of misappropriation of the schemes. Moreover, the direction of the Principal Secretary as contained in Annexure-5 was issued subsequent to transfer of the petitioner. Considering the aforesaid submissions, particularly the letter of the Principal Secretary, as contained in Annexure-5 which reflects that the money being kept in Dehti PACCS was in the knowledge of the government, let the petitioner, Surendra Roy, be released on 4 bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Palasi P.S. Case No. 14 of 2011 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)