IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12490 of 2008 RADHA KRISHNA JHA Versus STATE OF BIHAR ----------- 2 06.05.2008 Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in Kishanganj P.S.Case No. 271 of 2004 registered under sections 406, 409 and 420 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on perusal of the F.I.R. (Annexure-1) it would appear that there is absolutely no allegation against the petitioner in any manner whatsoever. The allegation is against one Rajendra Kant, who was the Chairman of the Rural Development Environment Protection Forestation and Research, a N.G.O. having its head office at Patna. Further allegation is that the said Rajendra Kant received different amounts from the Collectorate, Kishanganj total to the tune of rupees Sixty six lacs and odd upon execution of the necessary agreement between the said Rajendra Kant and the Collector, Kishanganj. It is further alleged that the said Rajendra Kant, the Chairman of the N.G.O. did not carry the work in terms of the agreement and consequently he was liable to refund back the amount to the tune of rupees fifty seven lacs and odd as mentioned in the F.I.R. The petitioner submits that neither the petitioner has played any role in sanction, payment, disbursement nor he in any manner is associated with the said N.G.O. The petitioner being the Nazir in the D.R.D.A., Kishanganj had identified the aforesaid Rajendra Kant for opening of 2 the bank account at Kishanganj. The learned counsel submits that identification made by the petitioner is not in dispute nor there is case that he identified any vague man. The irregularities in carrying out the work or receiving the money from the Collectorate or his liability to refund back the amount is entirely with the said Rajendra Kant. The counsel, however, submits that on account of the aforesaid case after good time petitioner is apprehending his arrest since the police has stated searching him for arrest. Having considered the submissions and on perusal of the allegations levelled in the F.I.R., the averments made in the petition and the supplementary affidavit as well as taking into consideration the materials available on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Radha Krishna Jha be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj P.S.Case No. 271 of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)