IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33839 of 2008 LALA AJAY KUMAR SINHA Versus THE STATE OF BIHAR ----------- 02/ 04.09.2008 Heard. It is a case relating to fraudulent withdrawals on heads of salaries from the police department under different sections. The incident appears audited and during that course the fraud was detected, but thereafter, there was an enquiry held by the Crime Investigation Department of the Police force and accordingly, the FIR has been lodged. There is a double defalcation/ fraudulent withdrawals of Rs. 39.07 lakhs on heads of salary. If one could consider the separate details of the fraud as contained in the reports, one could gather as to how the present petitioner in connivance with other of his associates manipulated the records, so much so, in two consecutive months the salaries were same, which is accepted to be same of an establishment. I could indicate that in the dog squared section the total salary in October, 1996 wasRs.8,14,953/- only, which exceeded in November, 1996 and it was Rs. 9,74,457/- and in the next month i.e. December, 1996 it was 8,87,565/- only. These - 2 - three figures would probably pointed out the fraud and the manipulations. If one could consider para (4) (ka), one could find that the same was fabricated by repetition of unexplained names of employees working in the police force and the double fraudulent withdrawal was in respect of salaries for 724 Constables, 4 Sub-Inspectors and 8 Circle Inspectors. It is altogether a very huge sum, if considered under the context of the amount indicated in that particular paragraph. The petitioner was the Accountant. He pleads that the salary of the police were to be passed only when the names of the employees used to be received in a salary charge from the office of the S.P. and there could not be any room for the petitioner to manipulating the documents. It was further contended that other co-accused, who were holding the posts of bill clerk or other post in the Account Department have been admitted either to anticipatory bail or regular bail by different Benches of this Court. If one could consider carefully the allegations and the FIR, one could find that the salaries of the police were withdrawn, which were audited in the Office of the - 3 - Accountant General and they held that in the official records manipulation was found, as such the contention that the S.P. part was the real part, on which the payment was done does not appear the truth of the matter. It appears a case of personal information and, as such, I am not influenced by the orders passed by different Benches in respect of other accused persons. The petition is dismissed. DKS/ (Dharnidhar Jha, J)