IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17602 of 2011 Ambu Chaubey, son of Maheshwar Chaubey, resident of village Poiya, P.S. Shikarpur, District- West Champaran. Versus The State Of Bihar ---------------------------------- 5. 25/10/2011 Application is under section 438 of the Code of Criminal Procedure. Case is under sections 406, 420, 120B read with 34 of the Indian Penal Code. In the F.I.R., allegation is that the Junior Engineer and other officials in connivance with the Mukhiya have defalcated the amount of the Scheme for laying bricks on the bank of the river, by getting the bricks, already laid, removed and getting it re-laid. Petitioner is a labour contractor who arranges labourers for the work under the Scheme. Learned counsel for the petitioner submits that the petitioner had to obey the orders of the Mukhiya. As per orders of the Mukhiya, petitioner had arranged for labourers and the labourers acted as per the dictate of the Mukhiya. He also submits that vide Annexure-2, the Director, National Employment Programme has already passed 2 orders for recovery of 100% amount of the Scheme from different officials and Mukhiya in the percentage as indicated in the order. Considering the limited role played by the petitioner in the matter, this application is allowed. Petitioner shall surrender before the court below within four weeks from today and upon his so surrendering or arrest during that period, the court below shall release the petitioner on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, District- West Champaran in Shikarpur P.S.Case No.137 of 2011, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Pradeep/ ( J. N. Singh,J.)