IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.38171 of 2009 ***** Lakshman Singh @ Lakshuman Singh, son of Late Kapildeo Singh, resident of village- Barharwa Lakshansen, Tola Kaswa, Police Station Dhaka, District-East Champaran. …. …. Petitioner Versus 1. The State of Bihar …. …. Opposite party ----------- 3. 23.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is one of the accused in Chiraiya (Shikarganj) Police Station Case No.155/2008 which was registered under Sections 467, 468, 469, 471, 406 and 409 of the Indian Penal Code. Allegation is that public money meant to be distributed for Indira Awas Yojna has been illegally withdrawn and defalcated. Petitioner is said to be the Panchayat Secretary and even he has had a role to play in the alleged misdemeanor. Learned senior counsel appearing for the petitioner, however, has tried to put the blame on the Mukhiya and the Branch Manager of the Bank stating that he has very limited role to play as the Secretary of the Panchayat. But those are matters which will be decided during the course of trial and responsibility fixed, so far as prayer for bail is concerned, taking into consideration that some of the other persons have been given indulgence which is reflected in Annexure-2, let the petitioner, namely, Lakshman Singh @ Lakshuman Singh, be enlarged on bail on furnishing bail bond in the sum of Rs.20,000/- (Twenty Thousand) with two sureties in the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Sikarhana at Motihari (East Champaran) in connection with Chiraiya (Shikarganj) Police Station Case No.155/2008. One of the - 2 - sureties will be executed by his son namely, Manoj Kumar Singh, who has sworn the affidavit in the present bail application and the other by a close blood relation on due identification and verification by the Court below. Petitioner will cooperate in the trial by appearing on each and every date fixed by the trial Court. Another aspect which needs to be looked into is whether the petitioner be permitted to continue on the post and be given responsibility or dealing with the files and the evidence while the trial is going on. In this regard the District Magistrate of East Champaran would be well advised to look into this aspect of the matter as well. Let a copy of this order be communicated to the District Magistrate, East Champaran. Pawan/- (Ajay Kumar Tripathi, J.)