IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32688 of 2010 SUJEET KUMAR @ SUJEET KUMAR SINHA Versus STATE OF BIHAR ----------- 2/ 22.9.2010 Heard Shri Yogesh Chandra Verma, learned senior counsel for the petitioner whose prayer for bail was earlier rejected vide order dated 29.1.2009 in Cr. Misc. No.52201 of 2008. The case relates to illegal withdrawal of different amounts under different heads against the names of the persons who were never employed in the institution. The heads included GPF, retrial benefits and other such benefits. The total defraud of the public money was to the tune of Rs.1,06,00689=79. As may appear from the earlier orders, forged bills were created in fake names and thereby different amounts to the tune of the above sum were withdrawn from the treasury by falsification of account. Those also included the pension of persons who had never been employed in any cadre of the institution. These probably were the inklings as to how things had happened. Plea of the petitioner is that he was an ordinary peon, who was at the lowest rung of the administrative set up and had least to contribute in the whole episode. As may appear from the FIR itself, the petitioner was deeply involved in creation of forged and fabricated records and withdrawal of different amounts from the government treasury to the tune of above sum. This case is such which could hardly allow any judge to exercise his discretionary powers of granting bail. However, the 2 quantum and propensity of offence requires that the C.J.M./Magistrate, who is seized with the case, i.e., Singeshwar P.S. Case No. 47 of 2004 should commit the case to the court of sessions under section 323 of the Cr.P.C. in the light of a decision of this court in the case of Md. Shahabuddin Vs. State of Bihar reported in 2010(3) PLJR 1015 as the case appears such which should be tried by the court of Sessions. After commitment, the trial judge shall see to it that the trial proceeds with much ado. With the aforementioned observations/directions, the petition stands dismissed. Anil/ ( Dharnidhar Jha, J.)