IN THE HIGH COURT OF JUDICATURE AT PATNA

(CRIMINAL MISCELLANEOUS JURISDICTION)

Cr. Misc. NO. OF 2006

In the matter of an

application under Section

438 of the Code of Criminal

procedure.

A N D

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:-

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 passed 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-in-

charge, 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

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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

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

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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 for

depositing the said amount 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 Accounts 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

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

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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 passed 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 terms of provisions of Bihar State

Electricity Board finance and Accounts 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

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undertakes to abide by all the terms 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

of his arrest of surrender in connection

with Jahanabad P.S. Case No. 284/2005

on such terms and conditions to the

satisfaction of the learned Chief Judicial

Magistrate, Jahanabad

A N D/O R

Pass such other order (s) as your

lordships may deem and proper.

And for this, the petitioner shall ever pray.

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AFFIDAVIT

I, , W/o aged about years,

resident of , P.S. , District

,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.

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

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