IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13094 of 2010 ARUN KUMAR SINGH, SON OF LATE NANHKU SINGH, RESIDENT OF MIG 206, KANKARBAGH, PATNA, TREASURER, BIHAR SAMAJIK VIKASH SAMITI, E-29, PC COLONY, LOHIA NAGAR, KANKARBAGH, PATNA. ---- PETITIONER Versus STATE OF BIHAR THROUGH C.B.I. ----- OPPOSITE PARTY ----------- 8 22.4.2011 The petitioner has made accused in a case under Sections 120B, 420, 467, 468 and 471 of the Indian Penal Code as also Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act. The background of the case is that Counsel for Advancement of Peoples Action and Rural Technology (hereinafter referred to as ‘the CAPART’) provides funds to NGOs. for development works. It is said that there was a N.G.O. known as Bihar Samajik Vikash Samiti. At the time of registration of the said N.G.O., Dr. Iftahar Ahmad Khan was the President, Sh Iqbal Iftekhar Ahmad was the Secretary and Firoz Khan was the Treasurer. It is alleged that there is no application for amendment of byelaws or the members of the Society in the registration office. It is further alleged that the petitioner who the Treasurer had given a wrong account number in order to receive the benefits 2 from CAPART which was later corrected and correct account number was provided. Basically the case appears to be, that the Superintendent of Police, C.B.I. has alleged that the petitioners by showing themselves to be members of the Bihar Samajik Vikash Samiti in connivance with the CAPART had taken aid of Rs. 6.52 lacs odd which they had withdrawn and utilized for construction of culvert, distribution of pumps and strengthening of embankment. There is no allegation that the petitioner had misutilized the funds or had misappropriated the funds as it has been stated that the work was done although the culvert was not satisfactorily constructed. There is also no allegation that there is no such society but merely on the statement of one of the ex-functionaries, it has been said that the Society was defunct. The stand of the petitioner on the other hand is that the functionaries i.e. Sri Ahmad etc. has ceased to hold any post in the Society and the petitioner has filed an application before the I.G., Registration for amendment of the byelaws and for enrolling the names of the newly elected President, Secretary and 3 Treasurer. Whether the amendment was made or not is not known, however, the petitioner and others started functioning on their posts and have, therefore, opened an account in the name of the Society and have also withdrawn the money for the purposes of fulfilling their part of the contract. In the facts aforesaid, certain disputed facts have come on record, thus it is not possible for this Court, at this stage, to go through the evidence and conclude that no offence is made out against the petitioner. However, this would be possible at the stage of discharge as the petitioner would by then be supplied with the police papers and he would have an occasion to look into the material that has come against him. I, therefore, dispose of this application with leave to the petitioner, if so advised, to agitate the points raised in this Court or any other point at the appropriate stage of the case. Sanjay ( Sheema Ali Khan, J.)