IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1500 of 2011 AMRENDRA NARAIN SINGH SON OF BAL GOVIND SINGH. Versus THE STATE OF BIHAR ----------- 3 19.04.2011 Heard learned counsels for the petitioner and the State. The petitioner 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 Awas Scheme by the D.D.C., but, neither, the expenditure nor the utilization report 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 2 2009. It is submitted that the petitioner was posted for one year as District Magistrate in the district of Araria, but, he was not named in the initial case, lodged by the authorities with the same allegations. Subsequently, for the irregularities, committed in the schemes of 2005-04, the present case was registered in the year 2010. It appears that the specific accusation is of giving the money by the D.D.C. to the Executive Engineer. The Executive Engineer admitted this fact that the money was received by him and he properly utilized the money. It is further submitted by learned Sr. counsel for the petitioner that the money under the Indira Awas Scheme directly comes to the Zila Parishad and the Collector is not the authority to disburse the said money since, it is an admitted case of the prosecution that the cheque were issued by the D.D.C in favour of the Executive Engineer, the petitioner retired in the year 2006 and the Executive 3 Engineer and Junior Engineer have been granted anticipatory bail by this Court, 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. Amrendra/- (Dinesh Kumar Singh, J.)