IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44584 of 2008 RAM AYODHYA PRASAD, SON OF LATE BADRI PRASAD SAH, RESIDENT OF MOHALLA ILLAM RAM CHOWK, P.S. BETTIAH TOWN, DISTRICT WEST CHAMPARAN----PETITIONER. Versus THE STATE OF BIHAR-----OPP. PARTY. ----------- 08. 09.09.2009. In compliance of my order dated 24.4.2009, the present Executive Officer, Bettiah Municipality is present. Petitioner Tax Collector-cum-Cashier in the Bettiah Municipality is apprehending his arrest in connection with a case registered for the offence under Sections 420 and 409 of the Penal Code. He is named in the First Information Report and is alleged to have misappropriated a sum of Rs. 49 lacks and odd, which was discovered during the audit of the accounts of the municipality. It appears that petitioner had submitted application dated 8.10.2006, Annexure-3 to the Executive Officer of the municipality stating therein that the total collected amount through receipt was Rs. 1,69,00,000/- and odd out of which Rs.1,49,00,000/- and odd was deposited in the account of the municipality. The balance amount of Rs. 32 lacs and odd was spent by the petitioner from time to time under orders of the different executive officers. The audit team, however, fixed the 2 misappropriated amount as Rs.49 lacs. When such submission was made before this Court, this Court under orders dated 20.1.2009 asked the petitioner to present all the documents before the Investigating Officer, who was directed to examine the contents of the documents produced by the petitioner. In compliance of the said direction petitioner made available the necessary documents but the I.O. did not examine the contents of the documents produced by the petitioner. Learned counsel for the petitioner in this background submitted that this Court should ensure compliance of the order dated 20.1.2009. It appears from perusal of order dated 20.1.2009 that thereunder direction was given to the petitioner to make available all the papers to the executive officer within 15 days from today with a hope and expectation that the executive officer will make inquiry of the papers submitted by the petitioner. From the said order it does not appear that any direction was given to the I.O. to submit report, in the circumstance, if the I.O. has not submitted report, I am not inclined to direct the I.O. to submit report. However, having considered the contents of the application filed by the petitioner dated 8.10.2006, Annexure-3, I am of the view that 3 the petitioner should appear before the court of Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Town P.S. Case No. 213 of 2008 within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law and while applying for regular bail he should also indicate in the bail application, the name of the officers under whose direction he spent the amount collected to the tune of Rs.32 lacs and odd, whereafter the court below should take appropriate action against the named officers in accordance with law. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Rajesh/ ( V. N. Sinha, J.)