JAYA ROY,J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.
(2.) THE petitioner is accused in a case registered under Sections 504/505/506/507/469/467/120(B)/34 of the Indian Penal Code and he is apprehending his arrest in connection with Sisai (Bharno) P.S. Case No. 176 of 2011, G.R. Case No. 976 of 2011, now pending in the court of Chief Judicial Magistrate, Gumla. The learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. he has been implicated in this case during investigation. It is also submitted that the petitioner is Rojgar Sevak and allegation against the petitioner is that he submitted the false progress report. It is also submitted that co- accused had dug a fifteen feet deep well and stone chips were also there. Therefore, no case is made out under Section 500 of the I.P.C. It is further contended that the Police has submitted charge sheet against co- accused Sakil Kotwar who is also named in the F.I.R. of this case, he has been granted regular bail by another Bench of this Court in B.A. No. 2925 of 2012 vide order dated 2.5.2012. It is further contended that the petitioner has no criminal antecedent.
(3.) THE learned counsel of the State has submitted that it has come in the investigation that no well was found under Koop Nirman Yojna No. 82 and for the Koop Nirman Yojna No. 84 only a ditch of 4 to 5 feet was found. The witnesses have stated that the co- accused obtained the amount for the construction of the well but misappropriated the amount and no well was constructed. He has further contended that it has also come in the investigation that the second installment of Rs.20,000.00 each to both the co-accused, were released only on the submission of Progress report by the petitioner and on his recommendation though not a single well was constructed. Thus, the petitioner is also in conspiracy with the co-accused and had submitted a false progress report for misappropriation of the money.;