Ravi Nath Verma, J. - (1.) While admitting this appeal for final hearing, lower court record was called for and it was observed that the prayer for bail of the appellant shall be considered after receipt of the L.C.R. Since the L.C.R. has been received, learned counsel appearing for the appellant prays for grant of bail to the appellant.
(2.) Heard learned counsel appearing for the appellant as well as the learned counsel representing the C.B.I.
(3.) Before considering the prayer for grant of bail, it is necessary to give brief facts of the prosecution case: On the basis of information received through reliable source, R.C. Case No. 24(A)/1995(Pat.) was instituted at the instance of C.B.I. with the allegation that one of the accused Ram Ayodhya Sah while working as Executive Engineer, Works Division-I, REO, Ranchi entered into criminal conspiracy with this appellant and other accused persons namely Rajiv Ranjan Prasad, Devendra Prasad Singh and Surendra Prasad-the three S.D.O.-cum-Assistant Engineers, Arvind Prasad, Ashok Kumar, Kumar Vijay Shankar, Binod Kumar Mandal, Abhay Kumar Sinha, Binod Prasad and Kaushal Kumar Prasad-all Junior Engineers posted at different places during the year 1994 and cheated the Government of India as well as the State of Bihar to the tune of Rs. 100.70 lakhs being the amount allotted under Jawahar Rojgar Yojna for the district Ranchi for execution of 17 old and 51 new schemes in proportion of 80% by Government of India and 20% by State of Bihar towards construction and repairs of different roads. The said amount of Rs. 100.70 lakhs was released/allotted by the D.R.D.A. Ranchi to R.E.O. Works Division, Ranchi during the period May-June, 1994 but the said Ram Ayodhya Sah kept the said amount in a new account opened in the joint name of the designation of Executive Engineer and Divisional Accounts Officer and subsequently withdrew the amount through cheques and distributed to the Junior Engineers in the form of cash violating the rules and prescribed procedure. The Deputy Development Commissioner demanded a progress report of the Schemes, then the said Executive Engineer Ram Ayodhya Sah under the joint signature with Assistant Engineers submitted the progress report regarding 45 schemes only and huge amounts were shown to be spent by giving advances for Grade-I and Morum works besides completion of construction of wing wall, Guard wall and repair of pot holes and also on purchase of bitumen but the progress report submitted by the accused persons was found to be false. Thereafter, by order dated 28.08.1994, all the schemes were cancelled except three schemes and R.E.O., Ranchi was directed to return the money advanced to them against the cancelled schemes but only Rs. 55.75 lakhs were returned to the D.R.D.A. in nine instalments.;