ORDER

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Bettiah (Town) P.S. Case No. 755 of 2019 registered for the offence punishable under Sections 420, 467, 468, 471, 419/34 of the Indian Penal Code.

3. Earlier while calling for the case diary, this Court granted interim protection to the petitioner. In this regard the order dated 04.12.2020 passed by this Court is being reproduced as under:—

“Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court.

Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Bettiah (Town) P.S. Case No. 755/2019 registered for the offences punishable under Sections 420, 467, 468, 471, 419/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case has been lodged at the instance of the District Welfare Office, West Champaran, Bettiah. Learned counsel submits that in fact by lodging the F.I.R. the District Welfare Officer is only trying to divert the attention from the complaints received from the E-Dashboard of the Office of the Chief Minister vide letter no. 797 dated 19.03.2019 and the another letter being letter no. 631 dated 26.03.2019 which has been forwarded by the National Scheduled Caste and Scheduled Tribe Commission, New Delhi for verification.

Learned counsel submits that earlier an inquiry was conducted in the matter of financial irregularities and illegalities committed in purchase of Almirah and other materials and a joint team had submitted a report, the final conclusion whereof is available at page ‘99’ of the brief wherein they had found the allegations true. Learned counsel submits that the District Welfare Officer is the head of the Institution where the purchases have been made illegally and huge misappropriations have been done, now he misusing his power and by lodging the present kind of F.I.R. alleging that this petitioner had been writing complaint in the name of others by forging their signatures, he is only trying to divert the attention from the complaints with regard to misappropriation of government money. Learned counsel has further pointed out that prior to sending the disputed signature and admitted signature for forensic examination, no specimen signature of the petitioner was taken and in fact the District Welfare Officer himself recorded in one of the letters, copy of which is available at page ‘44’ of the brief, that some of the applications which were being earlier received in the department in the name of this petitioner have been taken as admitted signature. It is thus submitted that the petitioner is being falsely implicated in this case.

Call for xerox/carbon copy of the case diary from the court of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P.S. Case No. 755/2019.

List this case on receipt of the same or on 18th January, 2021.

Till next hearing of the matter, no coercive action shall be taken against the petitioner, however as and when required by the Investigating Officer preferably within a period of two weeks from today, the petitioner will present himself before the Investigating Officer and shall cooperate in course of investigation.

An affidavit showing compliance of this part of the order shall be filed by the petitioner before next date of hearing of the matter.

List accordingly.”

4. The case diary has been received. The informant who has retired from the post of District Welfare Officer has chosen to enter appearance through his own Advocate. This Court has heard learned counsel for the informant as well in detail.

5. In today’s hearing, learned counsel for the petitioner submits that the fact that the informant who