IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48646 of 2008 SHARMA DEVI wife of Ravan Paswan Resident of village- Kaindi P.S.- Halsi, District- Lakhisarai Versus STATE OF BIHAR ----------- 2 02.12.2008 Heard learned counsel for the petitioner and the State. Petitioner, who is the Mukhiya, is an accused in a case registered for the offences under sections 420, 406, 409/34 & 120B of the Indian Penal Code. The allegation is that the Mukhiya along with the Panchayat Secretary withdrew the money in excess of the amount sanctioned for the concerned project. It is further alleged that at the time of enquiry with regard to withdrawal and expenditure the document supporting the same or relevant records were not produced. It has been submitted on behalf of the petitioner that it is specifically alleged that it is the Panchayat Secretary who was the authorized custodian of the relevant records, and as such, for his non-production of records, the petitioner can not be held responsible and without verification of the withdrawal and expenditure, no allegation can be fastened on petitioner nor there is any allegation that this petitioner used the money for personal gain. - 2 - Learned Addl. P.P. appearing for the State submits that there is allegation against the petitioner as well as the Panchayat Secretary that they withdrew the money and Ex-Mukhiya was also involved in whose Bank Account a huge sum was found deposited. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Lakhisarai in connection with Halsi P.S.Case No. 93 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)