IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.3626 of 2009 1. Arun Kumar Lal Das S/o Late Uma Nand Lal Das, Village- Madan Pur, P.S.- Madhepur, District- Madhubani 2. Suresh Yadav @ Suresh Kumar Yadav S/o late Yogeshwar Yadav, Punchayat Sevak, Madanpur Punchayat, Village- Madanpur, P.S. Madhepur, Distt.- Madubani. R/o- Vill- Mohan pur, P.S. Pandaul, Dist.- Madhubani. . . . . . . Petitioners. Versus STATE OF BIHAR ----------- 4/ 18.08.2009 Heard learned counsel for the petitioners and the State. Submission of the learned counsel for the petitioners is that though petitioners have been alleged for allotting Indira Awas in the fake name and in favour of residents of other Panchayat and allotment even in favour of wife of petitioner no.1 but there is no evidence at all that any allotment was made in fake name. Both the allottees are resident of the same Panchayat. As about allotment in the name of wife of petitioner no.1, she was qualifying for the same, as she became teacher only in the year, 2006 while allotment was made in the year, 2004. He further submits that Mukhiya and Secretary of the Panchayat have not played any role for allotment of Indira Awas rather it is Aam Sabha which decides the beneficiaries. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Madhepur P.S. case no. 350 of 2008 (G.R. No. 1296 of 2008), above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two - 2 - sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Uday/ (Mandhata Singh, J.)