IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3472 of 2010 PRABHAN KUMAR GUPTA Versus STATE OF BIHAR ----------- 2. 01.02.2010 Heard counsel for the parties. The petitioner seeks anticipatory bail in a case instituted under sections 406 and 120B IPC. In execution of work under NAREGA Scheme, a defalcation was detected in relation to Scheme No.01/08-09. On the strength of fictitious/imaginary entry made by the petitioner in the measurement book the agent was given a sum of Rs.2, 17,740/-. The work allegedly executed by the Agent was subsequently re-checked/re- verified by the Assistant Engineer and other officers wherefrom it was detected that the petitioner had made a false entry justifying further advancement in favour of the executing agent of the Scheme. Learned counsel for the petitioner submits that Sr. Police Officers have doubted the action of the informant (Programme Officer). It is contended that the agent admitted receipt of excess amount without work and has volunteered to pay back the same. It is further contended that a sum of Rs.50, 000/- has already been deposited. The rest of the amount is also likely to be paid to the Government account. Be that as it may, this Court having regard to the allegations and the material on record is not inclined to extend him the privilege of anticipatory bail. Let the petitioner surrender and apply for bail. - 2 - It is, however, observed that if the entire defalcated amount is paid back into the government account and the petitioner is able to satisfy the same to the Court, the court below shall also consider this aspect of the matter while considering his application for grant of regular bail. With the aforesaid observation, this application is disposed of. hr ( Kishore K. Mandal )