IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellanious No.11166 of 2011 ====================================================== Balmiki Prasad .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s 2 27-04-2011 Heard learned counsels for the petitioner and the State. The petitioner being the D.D.C., is apprehending his arrest in a case registered under Sections 406, 409, 420, 467, 468 and 120B of the Indian Penal Code. It is alleged that in the year 2004-05 Rs. 8,00,00,000/- were given to the Executive Engineer under Indira Yawas Scheme by the petitioner but, neither, the expenditure nor the utilization reports were made available to the office of D.R.D.A., Araria nor there was anything to reveal that the aforesaid amount was utilized properly in carrying out the scheme. Initially, Araria P.S. Case No.298 of 2005, Spl. Case No. 16 of 2006 was registered under the various provisions of the I.P.C., and under the provisions of Prevention of Corruption Act. The said F.I.R., was quashed vide order dated 03.11.2009 passed in Cr.W.J.C. No. 764 of 2009. it is submitted by learned counsel for the petitioner that the Executive Engineer has admitted to have received the amount and has utilized for the execution of the scheme. Moreover, the case has been lodged after six years of the alleged execution of the scheme and now the petitioner has retired. It is further submitted that the District Magistrate was granted anticipatory bail by this Court. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 283/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the petitioner file an affidavit before the learned court below that he will co-operate in the investigation. Amrendra/- ( Dinesh Kumar Singh ,J)