AB 294/2010 BEFORE HON’BLE MR JUSTICE H.N. SARMA The I/O of Bihpuria Police Station Case No. 11/08 Sri Surendra Nath Bora the Sub Inspector of Police and the O/C of the Police Station Haneshwar Das are personally present in terms of the bailable warrant issued against them on 20.1 2.2010. The I/O has disclosed that although he attempted to arrest the accused p etitioner in connection with the aforesaid case which is registered under S. 40 6/409 IPC, he could not be found out. It is strange that the I/O of the case did not take any steps thereafter in accordance the provisions of law when the accu sed was found to be present no prayer for not declaring him as absconder was ma de before the I/O. It appears that there has been much laxity in the investigating process by the I /O. The allegation against the petitioner is misappropriation of panchayat fund mean t for NREGS Scheme 2005 - 2006 and 2006 to 2007 of Pub Narayanpur Gaon Panchayat by the accused. Such bail prayer of the petitioner was rejected on earlier occa sions once on 8.8.08 vide order passed in B.A. 3659/08 and another on 24.3.2008 vide order passed in B.A. 373/08. In spite of the aforesaid rejections of the b ail petitions for two times the petitioner has not been arrested by the I/O for the reasons best know to him. The S.P. Lakhimpur is directed to monitor the investigation of the case. In this bail application filed for the third time praying for releasing him on p re-arrest bail, the petitioner has not been able to cite fresh ground worth the name to review the earlier orders of rejections which were passed considering th e incriminating materials collected by the I/O during the course of investigatio n. Accordingly this bail petition stands dismissed with a cost of Rs. 10,000/- to b e paid by the petitioner. Registry upon realization of the amount, the same shall be deposited in the High Court Legal Aid Fund. The I/O is directed to take vigorous steps for early completion of investigation . Let a copy of this order be forwarded to the S.P. Lakhimpur for necessa ry action.