IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9550 of 2008 SRI KISHORE CHOUDHARY Versus STATE OF BIHAR ----------- 2. 15.5.2008. Heard the learned counsel for the petitioner and counsel appearing on behalf of the State. The petitioner is an accused in a case under Sections 420,409,406,120B, 471,467 and 468 of the Indian Penal Code. The allegation in the First Information Report is that the petitioner is said to have defalcated 156.8 quintals of rice. It is said that the petitioner was the custodian of the rice kept in his godown. Learned counsel for the petitioner submits that it is the duty of the Mukhiya and the Panchayat Secretarty to distribute the rice against the public projects and the petitioner had informed the Block Development Officer that the rice was going to waste in the godown. However, no action was taken by the Mukhiya. Learned court below has observed that the Mukhiya and the Panchayat Secretary are equally responsible for defalcating the entire rice which was meant for the villagers. Be that as it may, the petitioner Sri Kishore Choudhary is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura in connection with Kumarkhand P.S.Case No.151 of 2005 giving rise to Complaint Case No. 978C of 2005. U.K. (Sheema Ali Khan,J) - 2 -