IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39989 of 2010 O.S.M.BANDE, SON OF LATE RAMESHWAR PRASAD, RESIDENT OF 4, GOKUL PATH, NEAR S.K. PURI, P.S. SHRIKRISHNA PURI, DISTT.- PATNA……. PETITIONER Versus STATE OF BIHAR…………………………… OPP. PARTY ----------- 2 9-11-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for anticipatory bail in a case lodged on 23-7-2010 under sections 406,409 and 120 (B) of the I.P.C. , by the Executive Officer, Zila Parishad-cum- Deputy Development Commissioner, Arwal. The allegations are also directed against the petitioner who was then the District Magistrate of Arwal and against several engineers who allegedly did not execute various schemes or did not do so properly and thereafter defalcated public money. It has been submitted on behalf of petitioner that he was required to act as per decision of the Zila Parishad and was only the sanctioning authority for the schemes which required completion earlier.and therefore as soon as the scheme was sanctioned in the meeting held on 16-2-2006, he issued various cheques amounting to Rs.64,00000/- and odd in favour of Assistant Engineer, Bharat Prasad who was authorized to ensure execution of those schemes by the 2 approved agency. It has further been submitted that the main allegation against the petitioner is that in holding the meeting and selecting the schemes the various provisions in the guidelines relating to Rural Employment Guarantee Scheme- 2005 were ignored. According to averment made in paragraph-18 the Commissioner-Cum- Secretary Rural Development Department issued guidelines on 22nd February,2006 and the same was received some time after. It has further been highlighted that petitioner was transferred out of Arwal on 22-6-2006 and it is admitted position that soon thereafter on account of non-utilization a total amount of Rs. 24,39,980/- was refunded by the Assistant Engineer, Bharat Prasad. Further submission is that as a District Magistrate petitioner had no role to play in the execution of the schemes which were to be done by engineers of the Zila Parishad of different ranks and for any laches in the execution of the work petitioner is not responsible. Considering the aforesaid submission and the fact that petitioner has now superannuated from service on 31-5- 2008, the prayer for anticipatory bail is allowed. In the event of arrest or surrender within six weeks petitioner O.S.M. 3 Bande shall be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in connection with Arwal P.S.Case No. 117 of 2010, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure. Naresh ( Shiva Kirti Singh, J.)