case. Scheme No. 2/2019-20 under Chief Minister Nali Gali Yojna was carried out by the petitioner and co-accused Ward Secretary and the said work was completed and measurement book was prepared and submitted by the competent authority i.e., Technical Assistant/ Junior Engineer and on the basis of the said measurement, payment was made. Almost two years thereafter on the basis of certain complaints made, spot inquiry was conducted behind the back of the petitioner and on the basis of that, ex - parte report was submitted wherein it has been alleged that Rs. 4,73,063/- have been embezzled by the petitioner and other co-accused persons. Co-accused Ganga Jha has been granted regular bail by a Co-ordinate Bench of this Court vide order 30.08.2023 passed in Cr. Misc. No. 55225 of 2023. For the estimated cost of Rs. 1157400/-, work was done to the tune of Rs. 1142450/- and regarding the same measurement book was prepared. Prosecution story is not believable in the sense that after two years of completion of work, some inquiry was made behind the back of the petitioner, embezzlement was found and the petitioner and other co-accused persons were made accused in this case. From the facts of the FIR, no offence under Sections 409 and 420 of IPC is made out against the petitioner. Petitioner is having clean antecedent. Further a
