Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39848 of 2018 Arising Out of PS. Case No.-178 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Ajay Kumar Son of Chandeshwar Prasad Singh Resident of VillageSarkanda, P.S. Gobindpur, Distt. Nawada. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

Petitioner is apprehending arrest in connection Sherghati P.S. Case No. 178 of 2018 for the offence under sections 409, 420, 120/34 of the Indian Penal Code. Mr. Amarnath Singh, learned counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent.

During the tenure of the petitioner, Nagar Parishad, Sherghati has floated tender in the newspaper and certain items were purchased after settling the tender. He submits that practice of E-tender was introduced in 2016. Prior to 2016 tender process was by publication of tender notice in the newspaper which was followed in connection with purchase in the instant case. The petitioner remained posted as Block Development

Patna High Court Cr.Misc. No.39848 of 2018(3) dt.11-12-2018 2/3 Officer from 14.5.2015 to 16.5.2016. Payment in connection with the purchase was made by his successor BDO. He further submits that in the process of payment, five per cent was deducted following the departmental norms. Referring to the aforesaid facts and circumstances, he submits although there is no departure from the departmental norms in the matter of purchase yet assuming for argument sake that there was some departure in the process of purchase that itself cannot be taken as embezzlement .

Leaned APP submits that in the instant case petitioner has not adhered to E-tender process and therefore, he is accountable.

Considering the totality of the facts situation and also the fact that the petitioner has no criminal antecedent, the Court noticing the allegation in the instant case is only departure from the settled norms which itself cannot be construed as embezzlement, the court is inclined to grant bail to the petitioner and as such the petitioner named above, is directed to be released on bail in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.39848 of 2018(3) dt.11-12-2018 3/3 amount each to the satisfaction of learned A.C.J.M., Sherghati, Gaya, in connection with Sherghati P.S. Case No. 178 of 2018 subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T