IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12144 of 2010 AJEET KUMAR SON OF NANHAKI PASWAN Versus STATE OF BIHAR ----------- 2. 20.4.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 406 and 420 of the Indian Penal Code. Even though in the first information report, there is an allegation that the petitioner as a Ward Commissioner he had taken a sum of Rs.2000/- from each of the beneficiaries of Indira Awas Yojna. A petition was filed by the beneficiaries annexed as Anneuxre-2 stating therein that they had not paid any money to the present petitioner. In view of such, let the petitioner above named, who is in custody since 24.1.2010, be released on provisional bail for a period of two months from the date of receipt of this order on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. (West), Muzaffarpur in Kudhani P.S.case No.171 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the court about any change in the address of the petitioner, (ii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case - 2 - and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iii) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. The court below will notice four beneficiaries randomly and confirm that they had not paid any money to the present petitioner and in case it is found to be incorrect, the petitioner’s provisional bail will not be confirmed. However, if it is found correct, the petitioner’s provisional bail will be confirmed by the court below itself on the above mentioned conditions. Narendra/ ( Anjana Prakash, J. )