Rakesh Ranjan Prasad, J. - (1.) This application purported to be under Ss. 439 and 440 of the Code of Criminal Procedure has been filed for grant of bail to the petitioner in connection with Latehar P.S. case No. 50 of 1998 instituted under Ss. 467, 468, 471, 406, 409, 420 and 120 -B of the Indian Penal Code. The facts giving rise this application, in brief, are that Divisional Forest Officer, State Trading Division -II, Latehar lodged the case alleging therein that one V.K. Sinha, the then Divisional Forest Officer of Latehar State Trading Division -II during his tenure from 1990 -93 in connivance with other staff of the Department defalcated Government money to the tune of Rs. 43 lakhs and odd by showing fake purchase of materials from fake dealers by manufacturing forged and fabricated vouchers/receipts.
(2.) The petitioner, who happened to be an accountant in the Department having been apprehensive of being arrested in connection with the said case moved for anticipatory bail before this court, vide A.B.A. No. 741 of 2005 which was allowed by a Bench of this Court, vide order dated 23.11.2005 in the following terms: - - "Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender within three weeks from today, shall be released on bail on furnishing bail bond of Rs. 50,000/ - (fifty thousand) with two sureties of the like amount each to the satisfaction of arresting authority and/or Chief Judicial Magistrate, Latehar in connection with Latehar P.S. Case No. 50 of 1998, G.R. No. 132 of 1998, subject to conditions as laid down under Sec. 438(2) of the Code of Criminal Procedure and the bailors must be the government servants of the State of Jharkhand and the petitioner shall fully co -operate with the Investigating agency and make himself available as and when his presence is required for that purpose. This order shall be in force for a period of six months and in the meanwhile, the petitioner will be at liberty to pray for regular bail before the court below."
(3.) Pursuant to that order petitioner seems to have surrendered in the court and on furnishing bail bond was released. Thereafter on 18.5.2006 the petitioner without surrendering filed an application before the Court of Chief Judicial Magistrate, Latehar for grant of bail by taking plea that in view of the order passed by the High Court it is not necessary for the petitioner to surrender before the court. However, the said application for bail was rejected by the Court of Chief Judicial Magistrate, Latehar. Thereafter, before moving any application for bail in terms of Sec. 439 of the Code of Criminal Procedure, the petitioner filed this bail application purported to be under Sec. 439 of the Code of Criminal Procedure.;