IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23242 of 2009 ASHOK PASWAN, son of Srichand Paswan, resident of village-Beldha, P.S.-Warissaliganj, Distt.-Nawada----------Petitioner Versus STATE OF BIHAR . ------------ 3. 9.11.2009 Heard learned counsel for the petitioner and the State. It is admitted case of the parties that cheque was issued in the name of beneficiaries. Only due to non-construction of the house(Indira Awas) liability has been fixed upon this petitioner though basing the allegation leveled by the beneficiaries that money was handed over to Mukhiya. In my view, the persons whose houses were not found are more liable as directly it comes upon them for misappropriation of the money. Once beneficiaries are made payment through cheque, the Mukhiya would have no concern with the money for construction and such allegation leveled clearly indicates misdeed by the so-called beneficiaries. There can be no sympathy upon them who are violating the policy of the State Government either directly misappropriating the money or handing over the same to someone including the Mukhiya. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of receipt of a copy of the order the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Nawada, in connection with Warisaliganj P.S. case no.105 of 2008, subject to the condition as laid down under section - 2 - 438(2) of the Code of Criminal Procedue. sudip ( Mandhata Singh, J )