IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27808 of 2008 VIDYA NAND DAS & ANR Versus STATE OF BIHAR ----------- 2 12/09/2008 Heard learned counsel for the petitioners and learned counsel representing the State. The case has been registered under sections 147, 409, 379, 504 of the Indian Penal Code and section 27 of the Arms Act. Initially a complaint case was filed which was later on referred to police where the regular FIR was registered. According to the allegation, the complainants are Secretaries of Self Help Groups. There was proposal for installation of mills for generating employments among the unemployed. Loan was procured from the bank and the mills become functional. When a meeting was called for assessment of the expenditure then the accused persons failed to give the assessment of expenditure. Suspicion is that they have misappropriated the amount. Submission is that the petitioners are in custody since May, 2008. There was no entrustment of property to any of the petitioners so there cannot be any misappropriation. The informants are the drawing authorities and only they can withdraw the amount. Co- accused Bishundeo Mandal filed an FIR against the informant and others under section 379 of the Indian Penal Code on 6.10.2006 and the present case has been filed after filing of the aforesaid case. Considering the facts and circumstances of the case, the petitioners Vidya Nand Das and Pramod Mandal are directed to be - 2 - released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Munger in connection with Bariyarpur P.S. Case No. 49 of 2007. avin (Shyam Kishore Sharma, J.)