IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23381 of 2011 Ajay Choubey @ Ajay Kumar Choubey, son of Sri Phulena Choubey, Resident of village- Samserawa, P.S. Dhanaha, District-West Champaran. ........................Petitioner Versus The State Of Bihar ...............Opposite party ----------- 2. 05.08.2011 Heard learned counsel for the petitioner and learned counsel foe the State. The petitioner apprehends his arrest, in connection with Dhanaha, P.S. Case No. 38 of 2011 punishable under Section 420 of the Indian Penal Code, pending in the Court of Additional Chief Judicial Magistrate, Bagaha, West Champaran, is one of the named accused in this case being Ex- Mukhiya of Khotawaha Gram Panchayat with allegation of committing some irregularities in execution of Indira Awas. Submission is that petitioner was Mukhiya during the period 2001 to March, 2006 and in view of the report of S.D.O. through letter No. 203 dated 17.02.2011, allegations have been levelled against others not against the petitioner. Considering the facts and circumstances, in the event of his arrest/ surrender before the Court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Dhanaha, P.S. 2 Case No. 38 of 2011, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure Code with additional condition to remain physically present before the Court below on each and every date at least for two years of till disposal of the case, whichever, is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Saif (Akhilesh Chandra, J.)