IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45473 of 2008 1.RAMASHRAY RAI S/o Late Bhola Ray, R/0 Village- Teugnaha, P.S. Khanpur, Dist- Samastipur 2. Lalita Devi W/o Anand Lal Yadav, R/o Village- Teugnaha P.S. Khanpur, District- Samastipur 3. Madan Rai @ Madan Kumar Rai, S/o Rajendra Rai, R/o Village- Mahuli P.S.-Rosera, District- Samastipur 4. Ram Kashi Devi @ Ram Kali Devi W/o Maheshwar Yadav, R/o Village- Mahuli P.S.- Rosera, District- Samastipur 5. Baidyanath Yadav S/o Late Siyasharan Yadav, R/o Village- Mahuli P.S. –Rosera District- Samastipur ------------------- Petitioners Versus STATE OF BIHAR -------------------- Opposite Party With Cr.Misc. No.50623 of 2008 1.SHIVJEE RAI Son of Beda Shankar Rai R/o Village- Simraua P.S.- Khanpur, District- Samastipur 2. Nandu Rai, Son of Late Rajendra Rai, R/o Village- Simarua, P.S.- Khanpur, District- Samastipur 3. Ram Punit Rai, Son of Late Jibaksh Rai, Resident of Village- Simraua, P.S.- Khanpur, District- Samastipur ------------------------ Petitioners. Versus STATE OF BIHAR ------------------Opposite Party ----------- 2. 2.2.2009 Heard the counsel for the petitioners and the State. The petitioners are not named in the F.I.R. but their involvement was surfaced during investigation of Khanpur P.S. Case No. 70 of 2005 registered for offence under Sections 420 and 120 B of the Indian Penal Code. As per the allegations in the F.I.R. persons who do not belong to the B.P.L. group also got the money released under special Indira Avas Yojana. Counsel for the petitioners submits that similarly situated persons have been granted anticipatory bail in Cr. Misc. No. 6984/2008 and Cr. Misc. No. 2711 of 2008 (Annexure-2). - 2 - Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioners, Ramashray Rai, Lalita Devi, Madan Rai, Ram Kashi Devi and Baidyanath Yadav ( in Cr. Misc. No. 45473 of 2008) as well as Shivjee Rai, Nandu Rai and Ram Punit Rai ( in Cr. Misc. No. 50623 of 2008), is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Khanpur P.S. Case No. 70/2005 to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. All these petitioners will deposit Rs. 10,000/-each at the time of their surrender before the Chief Judicial Magistrate, Samastipur. On fulfilment of the condition only anticipatory bail should be granted to the petitioners. P. Kumar (Mridula Mishra, J.)