Ramswaroop Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79728 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== RAMSWAROOP DAS Son of Nanhak Das Resident of Village-Akouna, Shyamnagar, Nima, P.S.-Sherghati, District-Gaya, the then Contract office Assistant in the office of Nagar Parishad, Sherghati, Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sudhir Kumar Sinha For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sherghati P.S. Case No.178 of 2018 registered under Sections 409, 420 and 120(B)/34 of the Indian Penal Code. The accusation is that in course of inquiry, it was detected that several irregularities were committed in advertising the tender for purchasing L.E.D. Light, Tempo Tipper and Dustbin in Nagar Panchayat Sherghati. It was also detected that the provision of law in providing the tender was not followed and the number of articles were not mentioned in the Store Register. At that time, Ajay Kumar, this petitioner, Vijay Kumar Paswan, Md. Shakeel Haider and Chanarik

Patna High Court CR. MISC. No.79728 of 2019(2) dt.05-12-2019 2/3 Paswan were the then Executive Officer, Sherghati (at present B.D.O., Sherghati), Contractual Office Assistant in the office of the Nagar Parishad, Sherghati, Assistant in the office of Sub Division, Sherghati, Deputy Chief Councilor, Nagar Panchayat, Sherghati, and Chief Councilor, Nagar Panchayat, Sherghati respectively.

Learned counsel for the petitioner submits that, admittedly, the petitioner was the Contractual Office Assistant in the office of the Nagar Parishad, Sherghati. Regarding the irregularities committed in purchasing the L.E.D. Light, Tempo Tipper and Dustbin, the inquiry was made by the Additional Collector, Gaya, who submitted his report, which is Annexure-2 to this application, in which at page no.2, it is detailed that the entry had already been made in the Store Register regarding the supply of the articles and, on inquiry, it was found that the irregularities were committed by Ajay Kumar, the then Executive Officer, Sherghati (at present B.D.O., Sherghati) and Sushil Kumar, Incharge Executive Officer, Sherghati, which clearly indicates that the petitioner has no concern in misappropriating the money in purchasing the L.E.D. Light, Tempo Tipper and other materials.

Having considered the facts and the circumstances of

Patna High Court CR. MISC. No.79728 of 2019(2) dt.05-12-2019 3/3 the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, 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 the Additional Chief Judicial Magistrate, Sherghati at Gaya, in connection with Sherghati P.S. Case No.178 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T