Anticipatory Bail 5dl2n

IN THE HIGH COURT OF JUDICATURE AT PATNA (CRIMINAL MISCELLANEOUS JURISDICTION) Cr. Misc. NO.

OF 2006 In

the

matter

application

under

of

an

Section

438 of the Code of Criminal procedure. AND In the matter of : Bindu Lal Arya @ S. N. Arya, S/o Nandlal Arya, resident of

Mohalla

Alamganj, Biharsharif, P.S. Biharsharif, District Nalanda, ……

PETITIONER VERSUS

The State of Bihar.

…..

.OPPOSITE PARTY

To: The Hon’ble Dr. J. N. Bhatt, the Chief Justice of the High Court of Judicature at Patna and his companion Justices of the said Hon’ble Court. The

humble

petition

on

behalf of the above named petitioner. MOST RESPECTFULLY SHEWETH:-

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1.

That

this is an application for grant of anticipatory bail to the

petitioner in the event of his arrest or surrender in connection with Jahanabad P.S. Case No. 284/2005 dated 22.10.2005 instituted under Sections 467, 468, 420, 409, 120B of the Indian Penal Code, after rejection of the petitioner’s prayer for anticipatory bail by the learned Sessions Judge, Jahanabad vide order dated 3.1.12006 ed in A. B.P. No. 298 of 2005. 2.

That the petitioner, earlier, has not moved before this Hon’ble Court for grant of anticipatory bail in this connection.

3.

That the prosecution case is, briefly stated, based upon the written report dated 22.10.2005 of one Rajendra Pandey, Electrical Executive Engineer, Jahanabad addressed to the officer-incharge, Jahanabad police Station to the effect that after inquiry it was found that from July, 2003 to August, 2005 the money deposited at the collection center by the consumers was to be deposited in the bank but in stead of depositing the amount in the bank forgery was made in paying in slip. It is alleged that total amount of Rs. 29,52,551/- was defalcated and Sri Uma Shankar Pandey was working as Assistant Engineer since, 2002 and the petitioner at the relevant period was posted as Casher there and other accused persons namely Ganga Singh (Cashier) and Md. Moizuddin were working there.

4.

That on the basis of the aforesaid written report stated above, Jahanabad P.S. Case No. 284/2005 dated 22.10.2005 was

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instituted

under sections 467, 468, 420, 120B and 409 of the

Indian Penal Code and altogether four persons were made accused including the petitioner and the investigation was taken up. A certified copy of the

aforesaid

FIR vide Jahanabad P.S. Case No. 284 of 2005 is annexed hereto as Annexure-‘1’ to this petition. 5.

That the petitioner is innocent and has been falsely implicated in this case and only in order to save his own skin being the Executive Engineer the informant filed the present case against others including the petitioner.

6.

That at the very outset it is stated here that the petitioner was posted as Casher in the office of the Electricity Board at Jahanabad for a short period from August, 2000 to January, 2004 only. On the other hand the petitioner is not responsible depositing the said amount

for

in the bank rather one Md.

Moizuddin , Peon was authorised to deposit the amount collected by the consumers in the Bank and as such the petitioner was no concerned with the depositing of said amount in the Bank. It is also submitted that according to Bihar State Electricity

Board

Finance and s Code and Revenue circulars and orders of Bihar State Electricity Board as well the casher is not authorized for depositing the amount in the Bank and according to aforesaid

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provisions the casher is no concerned with the depositing amount collecting from the consumers in the Bank. 7.

That during the tenure of the petitioner several audits were done but no adverse report was made against the petitioner but surprisingly

soon after the transfer of the petitioner from

Jahanabad to Patna a deep ill motivated conspiracy was made by some ill motivated fellows and in order to save their own skin they falsely implicated the petitioner and others in the present case. 8.

That it is relevant to mention here that in July, 2005 a audit wing was duly constituted by the Bihar State Electricity Board comprising of competent personals for auditing the said amount but no defalcation of amount

was complaint of and as such the

present FIR has been instituted on the basis of the un-founded ground and basis. 9.

That in the facts and circumstances of this case, no case is made out against the petitioner u/s 467, 468, 420 and 409 IPC and from the bare perusal of the case diary it appears that nothing has come against the petitioner to link him in any conspiracy in the alleged crime.

10.

That it is also relevant to mention here that no proceeding much less any departmental proceeding has been initiated against the petitioner till date.

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11.

That the petitioner is a Govt. servant presently posted as Cashier in

and as such there is no chance of his

absconding. 12.

That the petitioner filed an application for grant of anticipatory bail in the court of learned Sessions Judge, Jahanabad which was rejected on 31.1.2006 ed in ABP No. 298/2005 without application of his judicious mind. It is submitted here that no overt act has been attributed to the petitioner and on the other hand there cannot be any role of the petitioner in the alleged defalcation even assuming prima facie the allegations are accepted to be true in the facts and circumstances of this case. The learned Court below has not considered the fact that the petitioner was posted at Jahanabad for a short period and in any manner he was no concerned with the deposit of the collected money from the consumers in the Bank

in of provisions of Bihar State

Electricity Board finance and s Code as well as Revenue Circulars and orders of Bihar State electricity Board. 13.

That the petitioner is a man of means and is ready to furnish sufficient suerities as fixed by this Hon’ble Court and he further undertakes to abide by all the and conditions as imposed by this Hon’ble Court on grant of anticipatory bail. It is, therefore, prayed that your lordships may graciously be pleased to enlarge the petitioner on anticipatory bail in the event

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of his arrest of surrender in connection with Jahanabad P.S. Case No. 284/2005 on such and conditions to the satisfaction of the learned Chief Judicial Magistrate, Jahanabad A N D/O R such other order (s) as your lordships may deem and proper. And for this, the petitioner shall ever pray.

AFFIDAVIT I,

, W/o

resident of

, P.S.

aged about , District

years, ,do

hereby solemnly affirm and state as follows:1.

That I am

of the petitioner and as such I am well

acquainted with the facts and circumstances of this case. 2.

That the contents of this petition have been read over and explained to me in Hindi which I have fully understood the contents thereof.

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3.

That the annexure is true/photo copy of their respective original.