IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16343 of 2011 ====================================================== Ram Pravesh Yadav, S/o Sri Karu Yadav R/o Vill- Neeghai, P.S. Koch, Distt- Gaya and at Present Panchayat Secretary (Executing Agent) .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Alok Kumar Sinha-1 with Mr. Bhola Kumar, Advocates For the Opposite Party : Mr. Ram Priya Sharan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 13-10-2011 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in a criminal prosecution registered under Section 406 of the Indian Penal Code. It is submitted that petitioner was working as a Panchayat Sewak/Secretary under Mohara block in the District of Gaya and was made executing agent for execution of different development schemes in the year 2006-07. An amount of Rs. 12, 25,000/- was given to the petitioner in advance for execution of aforesaid schemes. It is further submitted that works were undertaken by the petitioner, but for certain valid reasons, works could not be 2 completed. Therefore, in compliance to the direction issued by the competent authority, the petitioner has already deposited Rs. 7, 60,000/- in the Government Treasury/Office. It is also submitted that the measurement of the works undertaken by the petitioner has not been completed and therefore, it cannot be said that the petitioner has misappropriated the balance amount of 4,65,000/-. Learned counsel for the State has opposed the prayer for anticipatory bail and has submitted that there is no tangible material to support the claim of the petitioner of having completed the works and therefore, the petitioner is liable to deposit the balance amount. However, it is also submitted that petitioner must deposit at least Rs. 3 lacs further, only then the petitioner may be extended the privilege of anticipatory bail. Be that as it may, in view of submissions of the parties, the petitioner is directed to deposit Rs. 3,00,000/- (3 lacs) further in instalments within the time prescribed by this Court, and the deposit shall be subject to the result of the trial of the petitioner. The petitioner must deposit the first instalment of Rs. 1,00,000/- by 15th November 2011 in the Government Treasury/Office. The second and third instalments of Rs. 1,00,000/-(one lac each) shall be deposited by the petitioner by 31st December 2011 and 15th February 2012 respectively. If the petitioner deposits first instalment of Rs. 3 1,00,000/- by 15th November 2011 in the Government Treasury/Office and he surrenders in the court below by 30th November 2011 with a proof of aforesaid deposit, then he shall be released on provisional bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each in connection with Atri P.S. Case No. 01 of 2011 to the satisfaction of the learned Chief Judicial Magistrate, Gaya, till 31 December 2011. On deposit of second instalment by 31st December 2011, the provisional bail shall be extended till 15th February 2012. On deposit of third and final instalment by 15th February 2012, his bail shall be confirmed by the learned Chief Judicial Magistrate Gaya. It is made clear that deposit made by the petitioner shall not be construed as admission of the guilt and entire deposit shall be kept intact till final disposal of the trial of the petitioner. However, it is made clear that if the petitioner fails to deposit the aforesaid amount in instalments, as indicated above, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this Court and in that case petitioner will have to surrender in the court below and will have to seek regular bail. Devendra/- (Birendra Prasad Verma, J)