IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25046 of 2009 SUDHIR PANDIT, S/O BHUSHAN PANDIT, R/O VILLAGE-MATHA, P.S.-SALKHUA, DISTRICT-SAHARSA. …………………PETITIONER. Versus THE STATE OF BIHAR …………………OPP. PARTY. ----------- 2 14.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 406, 409, 420 and 120B read with Section 34 of the Indian Penal Code. Petitioner is said to be the Nazir who prepared the cheque of amount of Indira Awas Yozna. The informant filed the case alleging that he did not receive the cheque. From Annexure-2, it appears that later on he has filed an affidavit in the court of Chief Judicial Magistrate stating therein that his wife had received the cheque and had gone to her naihar and he could not know before institution of the case that the cheque was indeed received by his wife. Learned counsel for the petitioner also produced two orders of this Court from which it appears that the Panchayat Sewak and the husband of the ward member have been allowed bail by this Court. Petitioner is in custody since 27.3.2009. - 2 - Considering the above facts and circumstances of the case, especially the affidavit of the informant, this application is allowed. Petitioner, namely, Sudhir Pandit is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Nawhatta P.S. Case No. 12 of 2006. Arvind/ (J. N. Singh, J.)