IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15581 of 2011 RAM NANDAN SINGH @ RAM NANDAN PRASAD Versus THE STATE OF BIHAR ----------- 02. 18.05.2011 Petitioner being Panchayat Sewak is apprehending his arrest in a case registered under Sections 420, 467, 468, 471/34 of the I.P.C. The F.I.R. was lodged by the District Programme Officer on the basis of enquiry report of Executive Engineer, D.R.D.A. Nalanda for Scheme Nos. 26 of 2006- 07 and 4 of 2007-08. It is alleged that the work was not found at the allotted site, hence it is alleged that the government money to the tune of Rs. 5, 74,350/- was misappropriated. It is submitted by learned counsel for the petitioner that the F.I.R. has been lodged on 29.03.2011 when the enquiry was conducted by the Executive Engineer on 14.03.2011. Though the informant vide Letter No. 34 dated 05.03.2011 intimated to the Director, Accounts Administration and Self Employment, District Rural Development Agency, Nalanda that so far as Scheme No. 4 of 2007-08 is concerned the scheme was of Rs. 4,21,500/- out of which work of Rs. 4,02,255/- was done but not at the allotted site but on different sites and the accusation in the present case is of only with regard 2 to Rs. 4,02,206/- whereas with regard to the Scheme No. 26 of 2006-07 the allotted amount was Rs. 4,96,420/- out of which the work was done for Rs. 1,72,098 and the accusation is only to that extent. Hence the learned senior counsel submits that the malicious prosecution has been lodged at the behest of the political rivalry. The stand of the informant herself gets reflected from the letter dated 05.03.2011 which makes the conduct of the informant also doubtful. It is further submitted that Mukhiya has been granted anticipatory bail vide Cr. Misc. No. 13464 of 2011. Considering the aforesaid facts, let the petitioner namely Ram Nandan Singh @ Ram Nandan Prasad, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., HIlsa, Nalanda in connection with Ekangarsarai P.S. Case No. 26 of 2011. Shageer ( Dinesh Kumar Singh, J)