Bindeshwar Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30832 of 2020 Arising Out of PS. Case No.-125 Year-2009 Thana- BABUBARHI District- Madhubani ====================================================== BINDESHWAR SAHANI Son of Late Baldeo Sahani Resident of Mohalla - J.P. Colony, Ward No. 14, P.S. and District - Madhubani, the then Junior Engineer, Block office (NEREGA), Babubarhi, District - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Chandra Jha 3 For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-01-2021 Heard both sides.
The petitioner apprehends his arrest in Babubarhi P.S. case No. 125/2009 registered under Section 409, 420, 34 of the IPC.
The informant, Officer-in-charge, Babubarhi P.S. on the direction of Programme Officer, lodged the case alleging therein that Scheme No. 5/2006-2007 was to be carried out at the cost of Rs. 5,40,700/-. The Sub divisional Officer, Madhubani after enquiry found that work was not done as per the requirement and the money was defalcated by the Junior Engineer and the agent of the Scheme.
The learned counsel for the petitioner submits that although the petitioner was posted as Junior Engineer in the
Patna High Court CR. MISC. No.30832 of 2020(2) dt.04-01-2021 2/3 Babubarhi block but Scheme No. 5/2006-07 was started in the year 2007 and before that the petitioner was transferred to another place, that is, Laukahi block vide letter No. 360 dated 08.03.2007. The petitioner has not supervised the work nor prepared the measurement book for the work done under the scheme and the name of the petitioner has been mentioned in the FIR on the basis of the fact that at the initial stage of execution of the scheme the petitioner was posted as Junior Engineer, Babubarhi, block but at no point of time the petitioner was entrusted with the supervision of the work. The work started only after transfer of the petitioner from Babubarahi block to Laukahi block.
Taking into consideration the facts that petitioner was not part of the supervision of the work of scheme No. 5/2006-07 and before starting of the work the petitioner was transferred to Laukahi block, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Madhubani in connection with
Patna High Court CR. MISC. No.30832 of 2020(2) dt.04-01-2021 3/3 Babubarhi P.S. case No. 125/2009, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) BKS/- U T