IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31333 of 2011 ====================================================== Inder Paswan, son of Ramprit Paswan, resident of Vill. Rajwara, P.S. Manigachhi, P.O. Nehra, Distt. Darbhanga. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Rajeev with Dr. Om Prakash Om, Advocates For the Opposite Party/s : Mr. S.D. Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 14-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 420, 406, 120B and some other allied offences under the Indian Penal Code. It is submitted that the petitioner is the Panchayat Secretary and he was required to work under the direction of the Mukhiya of the Gram Panchayat and therefore, allegations against the petitioner as disclosed in the first information report, are not believable. From the perusal of the first information report vide Annexure-1, it appears that accused persons collected money from as many as 17 beneficiaries @ Rs.3,000/- per person for the purpose of grants of benefits under the Indira Awas Scheme. In response to the query made by the court, learned Patna High Court Cr.Misc. No.31333 of 2011 (2) dt.14-10-2011 2 counsel for the petitioner has taken a fair stand that an amount of Rs.51,000/- shall be deposited by the petitioner in the court provided his defence is not adversely affected during the course of trial. In view of aforesaid stand, in the event of his arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioner is directed to be released on bail in connection with Bahera P.S. Case No.4 of 2010 on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further condition that the petitioner shall deposit Rs.51,000/- in the court below either in cash or through Bank Draft or by other mode, as directed by the learned court below. It is made clear that if the petitioner does not deposit the aforesaid amount of Rs.51,000/- within the period of four weeks, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this Court and in that case, he will be obliged to surrender in the court below and seek regular bail. Anjani /- (Birendra Prasad Verma, J)