IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45346 of 2009 LALIT NARAYAN MISHRA Versus STATE OF BIHAR with Cr.Misc. No.10200 of 2010 BISHWANATH THAKUR Versus STATE OF BIHAR ----------- 2. 05. 04. 2010. Learned counsel appearing on behalf of the petitioner in Cr. Misc. No. 45346 of 2009 is permitted to make necessary correction in the prayer portion of the application. Heard Mrs. Namrata Mishra and Mr. Yogendra Kumar Singh, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned Additional Public Prosecutor for the State. Petitioners in both Cr. Misc. applications are accused in connection with Lakhnour P.S. Case No. 42/09 dated 17. 06. 2009, registered under Sections 406, 420, 467, 468, 120 B/34 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner- Lalit Narayan Mishra, is Assistant Engineer whereas petitioner- Bishwanath Thakur, is Junior Engineer, posted in the District-Madhubani. By referring to F.I.R. vide Annexure-1, it is submitted that even according to the prosecution case, there is absolutely no specific allegation against these two petitioners either for committing the offence of cheating or for committing the offence of forgery. According to them, all the schemes which are mentioned in the F.I.R. were undertaken under the National Rural Employment 2 Guarantee Schemes. It is further submitted that in execution of the scheme under the Natonal Rural Employment Guarantee Act, 2005 the Assistant Engineer or the Junior Engineer have no specific role to play. Learned counsel for the State has also not pointed out any specific charge against these two petitioners either regarding embezzlement of money or for committing forgery. In the aforesaid background, the petitioners, namely, Lalit Narayan Mishra and Bishwanath Thakur, in the event of their arrest/surrender, shall be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M., Jhanjharpur, in connection with Lakhnour P.S. Case No. 42/09, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. m.p. ( Birendra Prasad Verma, J.)