IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50739 of 2008 KISHORE KUMAR S/o- LATE DAWARIKA LAL Resident of Village/Mohalla – Ghugari Tar, Pant Nagar P.O. Civil Lines, P.S.- Civil Line, District - Gaya Versus STATE OF BIHAR ----------- 3. 18.12.2008 Heard the parties. Petitioner is an accused in a case registered for the offences under Section 409 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner, being Village Level worker (VLW) at the material time, is alleged to have received the amount to the tune of Rs. 40,000/- for construction under Indira Awas Yojna Scheme. He received Ist installment to the tune of Rs. 40,000/-. Without completing the work, he made an application for receiving the second installment of the advance money. The allegation, as such, against the petitioner is to have misappropriated the amount of Rs. 40,000/- which was given to him in the first installment. It is further submitted that the allegations have been made without verification of the construction work. From perusal of the measurement book, it would appear that the articles were purchased by the petitioner in connection with the - 2 - carrying out the construction under the aforesaid Indira Awas Yojna which has already entered in the measurement book and duly verified by the competent authority. Notwithstanding the above, the submission is that the petitioner is willing to deposit the said defalcated amount with the department within a period of four weeks without being prejudiced to his right. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of eight weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in connection with Wazirganj (Tankuppa O.P.) P.S. Case No. 138 of 2008 corresponding to G.R. No. 1525 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)