IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82931 of 2024 Arising Out of PS. Case No.-165 Year-2022 Thana- BAKHARI District- Begusarai ====================================================== Arvind Paswan S/O Sri Yogendra Paswan R/O Mohalla house no.- 468, Purab Tola, ward no.- 14, khemka vill no 1 colgong, P.s- Kahalgaon, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Vaishnavi Singh, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 27-01-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered under Sections 406 and 409 of the Indian Penal Code. 3. As per F.I.R., certain purchases were made by the Nagar Panchayat, Bakhri, whereafter an inquiry was held by the Vigilance Department and it transpired that lot of discrepancies had crept in, the provisions contained in the Bihar Financial Rules, 2005 have not been followed, tenders were invited without disclosing specification of the articles to be purchased as also supply orders were issued without obtaining quotations. The Vigilance Department had also found various irregularities in purchase of CCTV cameras, Four Cylinder Power Tractor Patna High Court CR. MISC. No.82931 of 2024(2) dt.27-01-2025 2/3 (J.C.B. Set), Street Light and High Mast Light etc. 4. Learned counsel appearing on behalf of the petitioner submits petitioner is not named in the FIR. His name has transpired during course of investigation. At the relevant time, petitioner was posted as Executive Officer, Nagar Panchayat, Bakhri. Petitioner has been made accused in this case on the ground that in the meeting held on 17.11.2014, it was decided to purchase High Mast Lights from Bajaj Company at the price of Rs. 10,000/- by Teghra Nagar Panchayat. In this regard, the petitioner has brought on record the guidelines issued by the Urban Development and Housing Department under its Memorandum No. 5245, dated 26.11.2007. Under which instructions were issued to purchase the material on the basis of the rate fixed by other municipalities to reduce the cost of purchase. The petitioner has not been a member of any purchase committee or board. The above material was purchased after deliberation in the meeting as per the instructions issued by the State Government. Petitioner has not committed any irregularity on his part in the purchase of the above material. Similarly situated several co-accused persons have already been granted bail by this Court and by a co-ordinate Benches of this Court vide orders dated 18.04.2023, 08.05.2023, 18.05.2023 and Patna High Court CR. MISC. No.82931 of 2024(2) dt.27-01-2025 3/3 11.07.2023 passed in Cr. Misc. Nos. 8184 of 2023, 17 of 2023, 7351 of 2023 and 71122 of 2022 respectively. 5. Learned A.P.P. for the State opposed the prayer for bail. 6. Having considered the aforesaid facts and circumstances of the case as well as the materials available on record, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Bakhri P.S. Case No. 165 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. utkarsh/- (Prabhat Kumar Singh, J) U T