IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12502 of 2009 1. ABDUL RAJJAK 2. Mohammad Mohsin Versus STATE OF BIHAR ----------- 2. 15.6.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under Sections 420, 406, 468 and 120B of the Indian Penal Code. Learned counsel for the petitioners submits that the petitioners are the members of the previous Managing Committee, whereas the complainant is the member of the newly constituted Managing Committee of the Madarsa in question. Learned counsel for the petitioners further states that earlier when the complainant filed the complaint, the matter was sent before the police for investigation and the police submitted final form as no case is made out against the petitioner, whereafter protest petition filed by the complainant was also rejected by the lower court, against which, a revision was filed and on the basis of the order of the revisional court, processes have been issued against the petitioners. Learned counsel for the petitioner also avers that although the allegation against the petitioners is that they have usurped the money collected from donations for the purpose of building construction but there is absolutely no material to support the said allegation as whatever collection had been made, the previous committee has spent for purchase of the land for the Madarsa. 2 Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, petitioners, namely, Abdul Rajjak and Mohammad Mohsin shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Protest Petition Case No.CA1699 of 2006 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/ ( S. N. Hussain, J. )