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 Honble Dr. J. N. Bhatt, the Chief Justice of
the High Court of Judicature at Patna and his
companion Justices of the said Honble 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 petitioners 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 Honble
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

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 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

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.

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 Honble Court and he further
undertakes to abide by all the terms and conditions as imposed by
this Honble 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.

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.

3.

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