IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.37806 of 2009 ***** 1. TRIBHUWAN KUMAR MISHRA S/O LATE RAM PRAVESH MISHRA R/O BANNI, P.O NAGARA, P.S. KHAIRA(NAGRA), DISTT- SARAN AT CHAPRA. …. …. Petitioner Versus 1. THE STATE OF BIHAR …. …. Opposite party ----------- 3. 26.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Origin of the present case was lodging of a complaint case which was ordered to be investigated by the police under Section 156(3) Code of Criminal Procedure on the basis of such a direction of the Magistrate Khaira (Nagra) P.S. Case No. 50 of 2008 came to be registered under Sections 418/420/406/409/467/471/120(B) of the Indian Penal Code. Primary allegation made by the complainant/informant, who happens to be the Mukhiya of Gram Panchayat that the present petitioner has in his earlier stint as a Mukhiya has committed forgery and cheating in the matter of appointment of Aanganbari Sewika. Certain interpolations have been made to facilitate the appointment of one Suruchi Kumari. Based on the said allegations the petitioner stands charge-sheeted. Submission of the petitioner is that it is a case of political rivalry. Earlier a case has been lodged by the present petitioner against the informant and this is a retaliatory action. Looking at the allegation and the fact that the petitioner is an ex-Mukhiya and the complainant is the present Mukhiya and there have been cases lodged against each other for performance of their public duty in the past, let the petitioner, namely, Tribhuwan Kumar Mishra, be - 2 - enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in the like amount each to the satisfaction of Chief Judicial Magistrate, Saran, Chapra in connection with Khaira (Nagra) P.S. Case No. 50 of 2008. Both the sureties will be executed by close blood relation. The petitioner will cooperate in the trial and will not interfere with the course of justice or intimidate the witnesses. Pawan/- (Ajay Kumar Tripathi, J.)