Jharkhand High Court
Bhuneshwar Singh And Ors vs The State Of Jharkhand on 19 September, 2017
Author: Anant Bijay Singh
Bench: Anant Bijay Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 956 of 2017
1. Bhuneshwar Singh
2. Binay Prasad
3. Dinanath Pathak ..... Petitioners
Versus
The State of Jharkhand ..... Opp. Party
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CORAM: HON'BLE MR. JUSTICE ANANT BIJAY SINGH
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For the Petitioners : Mr. A.K. Kashyap, Sr. Advocate.
For the State : Mrs. Sadhna Kumar, A.P.P.
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Reserved on : 11/09/2017 Pronounced on : 19/09/2017
Heard learned senior counsel for the petitioners and
learned APP for the State.
Three petitioners are apprehending their arrest in
connection with Sadar (Chatra) P.S. Case No. 94 of 2012,
corresponding to G.R. No. 441 of 2012, registered under
Sections 406, 409 / 120B of the I.P.C., lodged on the basis
of one written statement given by Lalit Ram, Project
Economist of District Rural Development Agency, Chatra.
It appears that inquiry Committee has submitted that
work performed by Welfare point with respect to 184
projects (cluster) constituted of 702 plans out of the 414
plans have been examined on the basis of measurement
recorded in measurement book. The work being done for
the value of Rs. 1,63,51,469.00 out of work value of Rs.
2,26,36,591.00. Thus, the informant in fardbeyan stated
that an amount of Rs. 62,85,122.00 seems to have been
defalcated.
Further, the informant stated that out of 573 projects
stated above 'Prerna Niketan' has performed only 213
projects out of which 200 projects have been inquired by
the Inquiry Committee which has assessed the work in the
measurement book for the value of Rs. 92,07,455.00 as
against which the value of work assessed as Rs.
27,34,592.00. The informant has alleged that said Prerna
Niketan has embezzled government money of Rs.
64,72,863.00.
It is submitted by learned counsel for the petitioners
that the welfare point through its Secretary, Binay Prasad
(petitioner no. 2) has preferred writ petition being W.P. (C)
No. 5482 of 2013 before this Court with a prayer to issue
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writ of Certiorari for quashing the notice under Section 7
by the respondent no. 3 wherein warrant of arrest has been
issued in a Certificate Case being No. 662 of 2013 before
the Court of Certificate Officer, Chatra for realization of Rs.
22.34 lacs from the Welfare Point for non-implementation
of the work.
Further, it has been mentioned that the petitioner no.
2 has also filed writ petition being W.P. (C) No. 5234 of
2012 claiming payment of Rs. 64,71,901.00 for the work
done.
It is further submitted that this Court under dated
11.03.2014directed the learned J.C. to G.A. to file counter affidavit and further no coercive action order has passed although J.C. to G.A. has appeared and filed counter affidavit in the aforesaid writ, but the matter is still pending. The counter affidavit has been filed on behalf of the State to the extent that the FIR has been filed.
Thereafter, petitioners were directed to appear before the I.O. and get their statements recorded.
Pursuant to order dated 27.07.2017, learned APP on 11.09.2017 has produced the up-to-date case diary. It appears that I.O. has recorded the statement of Bhuneshwar Singh in para-266, statement of Binay Prasad in para-267 and statement of Dinanath Pathak in para-267 of the case diary on 13.08.2017.
Learned counsel for the petitioners while pressing the anticipatory bail application submitted that pursuant to direction of this Court, petitioners have appeared and have given their statements before the I.O., in which they have categorically stated that Bhuneshwar Singh, petitioner no. 1 is the President of Welfare Point which is NGO registered under the Societies Registration Act, 1860 and under MANREGA Scheme, they were given several schemes to be performed in Chatra district, total 702 schemes in 184 clusters and an amount to the tune of Rs. 564.096 lacs was sanctioned and on 15.02.2008, Rs. 4 crore was given as advance to the Petitioners' NGO, which was kept in the account of Welfare Point and on the direction of Deputy -3- Commissioner, Chatra, the work was performed by Welfare Point through the beneficiaries of National Horticulture Mission of Chatra district and the performance of work was inspected and measured by different engineers of Government Departments as deputed by the Deputy Commissioner, Chatra and payment was made to the beneficiaries as per the Measurement Book. Work of total Rs. 3,62,99,803/- is available in the Measurement Book and further Rs. 2,98,27,902.00 was paid to the beneficiaries through account payee cheques and post office. Further, Rs. 1,10,87,742.00 under order dated 21.02.2009 was returned to District Development Agency, Chatra. Further, it is alleged that Rs. 9,15,644.00 and Rs. 64,71,901.00 are dues for the work done against the DRDA, Chatra. All the works have already been executed in the year 2008-09 and after four years at the instance of local M.P. Sri Inder Singh Namdhari, Inquiry Committee was constituted. It is further stated that as per the assessment of the engineers, there is erosion of 10-15 % of soil every year and possibility of 40- 50% erosion of the soil of the work done by the Welfare Point cannot be ruled out. Further he has mentioned two writ petitions pending before this court. Similar are the statements of other two petitioners. So, petitioners deserve the privilege of anticipatory bail.
Learned APP categorically stated that all the three petitioners had earlier moved in ABA No. 264 of 2012 for grant for anticipatory bail and this Court under order dated 21.11.2012 have rejected the prayer for bail on merits. This is second attempt for anticipatory bail.
In this case, counter affidavit has also been filed on behalf of the State, in which learned APP has relied on para-28, in which statement of Jamni Kant, who is a Executive Magistrate and who has conducted the inquiry, has been recorded. In para-29, statement of the then District Panchayat Officer, in para-30 statement of Vijay Kumar Mujni, Director, DRDA, in para-31 statement of Gopinandan Prasad, District Transport Officer, Chatra, in para-32 Md. Narul Howda, District Supply Officer, in para-
-4-33 Ravindra Kumar Singh and in para-34 Statement of Ram Niwas Prasad Singh, District Programme Officer, Chatra and in para-35, Arjun Manjhi, District Welfare Officer, Chata have been recorded and all of them have supported the case of prosecution and in para-128 statement of Ram Niwas Singh, District Project Officer, Chatra has been recorded, who has categorically stated that out of 47 schemes, which was alloted to the petitioners' NGO was to be executed in Kanhachaddi, but no work was done in six schemes and the work of remaining 41 schemes was verified, but measurement book of only 19 schemes have been submitted. Similar is the statement of Jamni Kant, Executive Magistrate in para-129 of the case diary.
Taking all the facts and circumstances of the case and also the fact that the prayer for bail of the petitioners was earlier heard on merits and was rejected and in defence, save and except petitioners have taken the ground that they have preferred two writ petitions before this Court by way of counter claim, no other fresh material or ground has been raised in this anticipatory bail application and that this is a case of the year 2012, I am not inclined to admit the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is hereby rejected.
(Anant Bijay Singh, J.) Sunil/