IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14429 of 2008 AJAY KUMAR & ANR Versus THE STATE OF BIHAR ---- 3 09.09.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered for the offences under Sections 120B, 420, 467, 468, 471 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act. It has been submitted on behalf of the petitioners that the allegation against the petitioners, who are the Secretary and Treasure of the Bhumika, Vaishali (N.G.O.) who receives the pecuniary help from ‘Council for Advancement of Peoples Action and Rural Technology’ ( in short CAPART) for the benefits of the villagers with regard to construction of latrine or for assistance in purchasing of the pump sets etc. Petitioners, who are running the aforesaid N.G.O. are alleged to have obtained higher amount from the said ‘CAPART’ by giving inflated project in order to cover up the required twenty per cent of the price of the boring sets which the villagers were required to pay. In this way the petitioners allegedly received higher amount and paid the money towards the purchase of the boring sets without receiving the requisite contributions from the concerned - 2 - beneficiaries. Learned counsel for the petitioners submits that the petitioners, who are the Secretary and Treasure, have not misappropriated the money since the diesel pump sets were obtained by the villagers from the assistance of the money received from the ‘CAPART’ Learned Standing Counsel appearing for the Central Bureau of Investigation (C.B.I.), on the other hand, submits that in nut shell the petitioners have obtained higher amount from the ‘CAPART’ by giving inflated project. Considering the above, it is directed that for a period of two months from today, no coercive step be taken against the petitioners namely, Ajay Kumar & Chandeshwar Rajak in connection with R.C.- 22(A) of 2005 corresponding to Special Case No. 25 of 2005 pending before the Special Judge, C.B.I., South Bihar, Patna. On surrender within the aforesaid period, in case any application for grant of bail is filed on behalf of the petitioners, the same shall be considered and disposed of in accordance with law on its own merit without being prejudiced by the present order. This application is, accordingly, disposed of. Manish/- ( Shailesh Kumar Sinha,J.)