Patna High Court
Shanti Bhushan Arya @ Shanti ... vs The State Of Bihar on 10 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9109 of 2021
Arising Out of PS. Case No.-266 Year-2018 Thana- AURANGABAD TOWN District-
Aurangabad
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Shanti Bhushan Arya @ Shanti Bhushan Kumar Arya @ Shanti Narayan
Arya, aged about 48 years (Male), Son of Late Raghuni Ram, Resident Of
Purandarpur Kesho Path, P.S- Jakkanpur, P.O- G.P.O Patna, District Patna,
The Then District Welfare Officer, Aurangabad, At Present Posted as Deputy
Director, Welfare Department, Darbhanga Division, Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. P K Shahi, Sr. Advocate with
Mr. Sumit Kumar Jha, Advocate
For the : Ms. Anita Kumari Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 10-02-2021
The matter has been heard via video conferencing.
2. Heard Mr. P K Shahi, learned senior counsel along
with Mr. Sumit Kumar Jha, learned counsel for the petitioner
and Ms. Anita Kumari Singh, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner is in custody in connection with
Aurangabad Town PS Case No. 266 of 2018 dated 11.09.2018
instituted under Sections 420, 409 and 120B of the Indian Penal
Code.
4. This is the second attempt for bail by the petitioner as
earlier such prayer was rejected by order dated 17.06.2020 in
Cr. Misc. No. 71694 of 2019.
Patna High Court CR. MISC. No.9109 of 2021 dt.10-02-2021
5. The allegation against the petitioner is that he being
the District Welfare Officer had defalcated the Government
money meant for scholarship to Scheduled Caste and Scheduled
Tribe students.
6. Learned counsel for the petitioner submitted that after
two years of his transfer from the post of District Welfare
Officer, Aurangabad on a complaint by a private person against
the Principal of one such college, whose students were also
given scholarship, a three-member committee was constituted to
enquire, which has given a report that funds were transferred in
a highly illegal manner and paid to fictitious students for which
criminal case was instituted and the petitioner was also made
accused.
7. Learned counsel submitted that the enquiry was
without notice to him or giving opportunity to explain with
regard to the funds which may have been allocated by him at the
relevant point of time. It was submitted that even otherwise the
petitioner cannot be accused of embezzling or defalcating
Government money sent to the respective colleges that too
based on the report of the office. Thus, it was submitted that if
there is any irregularity, the staff who gave a report with regard
to the claim of the college is responsible. Learned counsel
Patna High Court CR. MISC. No.9109 of 2021 dt.10-02-2021
submitted that the petitioner is in custody since 05.09.2019.
8. Learned APP submitted that the petitioner was
required to transfer the fund directly through RTGS to the
beneficiaries and instead sending the funds through cheque to
the colleges for payment to students clearly indicates that the
modus operandi was alien to the rules prescribed leading to
defalcation of Government money. It was submitted that the
petitioner is solely and wholly responsible for such conduct and
most importantly there are two other cases of similar nature
pending against him of the year 2017 whereas this case has been
lodged in the year 2018.
9. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the
Court does not find that any ground has been made to re-
consider the prayer which was earlier rejected on 17.06.2020.
10. Accordingly, the application stands dismissed.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
