IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28299 of 2011
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Ram Padarath Narayan, son of Brahmdeo Paswan,
resident of Vill-Narasanda, P.S. Chandi, Dist-
Nalanda, the then Executive Engineer, Gramin
Vikash, Vishes Pramandal Vaishali, Narya Nam-
Gramin Karya Vibhag Pramandal No.2, and Technical
Advisor Gramin Karya Vibhag Work Circle-2, Purnea,
A/P Executive Engineer Rural Work Deptt, Work
Division-3, Dist-Gaya
…. …. Petitioner
Versus
The State Of Bihar
…. …. Opposite Party/s
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2 25-08-2011 Heard learned counsel for petitioner and
learned counsel for the State.
The petitioner apprehends his arrest in
connection with a case registered for the offence
under sections 420 and 409/34 of the Indian Penal
Code.
It is stated that the First Information
Report has been registered at the instance of
one, Kalyan Kumar, Executive Engineer. He has
stated that during tenure of one, Murlidhar
Prasad, Executive Engineer in the year 2004-05,
certain advance was made to different Engineers
and the advance so made was not adjusted.
Subsequently, said Murlidhar Prasad was
transferred to different division and charge was
handed over to the petitioner on 15.07.2005. The
petitioner was thereafter transferred from the
Patna High Court Cr.Misc. No.28299 of 2011 (2)
2 dt.25-08-2011
said division on 01.03.2008. The main allegation
which has been leveled against him is that he did
not take proper action for adjustment of the
advance made to the different engineers
subordinate to him. It is alleged that there is
dereliction of duty on his part. Learned counsel
for the petitioner submits that he had written
some letters during his tenure to the engineers
concerned in this regard but unfortunately the
advance so made could not be adjusted during his
tenure. He further submits that the allegation as
against the petitioner is not of receiving any
amount as advance or defalcating any government
money and in that view of matter at best
accusation as against him would invite a
disciplinary proceeding but he cannot be
subjected to criminal proceeding.
Be that as it may, taking into
consideration the fact that the amount in
question was not received by the petitioner nor
it was advanced by him, let the petitioner,
namely, Ram Padarath Narayan in the event of his
arrest or surrender before the court below within
a period of four weeks from the date of
receipt/communication of the order be released on
Patna High Court Cr.Misc. No.28299 of 2011 (2)
3 dt.25-08-2011
bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount
each to the satisfaction of learned Chief
Judicial Magistrate, Vaishali at Hajipur in
connection with Hajipur Sadar P.S. Case No.207 of
2011 subject to the conditions as laid down under
section 438(2) of the Code of Criminal Procedure.
(Ashwani Kumar Singh, J)
Ashwini/-