IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33713 of 2008 YADUBIR KAMAT Versus STATE OF BIHAR ----------- 2. 19.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Kishanganj P.S. Case No.252/2007/G.R. No.952/07 for the alleged offences registered under sections 409 and 420 of the Indian Penal Code. The allegation against the petitioner in a nutshell is to the effect that while he was working as District Horticulture Officer, Kishanganj during the financial year 2005-06, he is alleged to have not carried out different schemes of the National Horticulture Mission in the district of Kishanganj for which huge amount of money to the tune of Rs.3,87,83,100/- was sanctioned; out of which total sum of Rs.1.24 crore was spent on different schemes. It is submitted on behalf of the petitioner that the matter was inquired and inquiry report, which was the basis for lodging the present case, concluded that there were 2 irregularities in the selection of farmers. However, the loss, if any, can be ascertained on physical verification of the scheme on which the amount is alleged to have been spent. As such, it is submitted that no criminal offence as alleged can be attributed against this petitioner. Learned counsel, with reference to the supplementary affidavit filed today annexing a copy of the second inquiry conducted by the joint team consisting of the Director, Horticulture, Bihar, Patna and the Deputy Director, Horticulture Directorate, Government of Bihar, submitted that the said Committee after making a detailed inquiry concluded to the effect that the petitioner did not commit any irregularity while carrying out the work of National Horticulture Mission in its different schemes. It is further submitted that the petitioner had already retired from service on 30th of June, 2007. The learned APP appearing on behalf of the State on perusal of the inquiry report, as contained in Annexure 4/A, is not in a position to refute the submissions advanced on behalf of the petitioner. 3 Considering the above, it is directed that the petitioner Yadubir Kamat, in the event of his arrest or surrender in connection with Kishanganj P.S. Case No.252/2007/G.R. No.952/07, within a period of four weeks from today, be enlarged on bail on furnishing bail bond 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 the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)