IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40597 of 2009 AMIRUDDIN Versus THE STATE OF BIHAR ----------- 2. 7.1.2010. Heard. The petitioner is a Ward Councilor in Jainagar Nagar Panchayat. He, as per the submissions, had moved a motion expressing no confidence which went through and the Chief Commissioner of the Nagar Panchayat brought a stay order from the Deputy Secretary of the Urban Development Department, Government of Bihar and that order was challenged in C.W.J.C.No.10185 of 2009 and the petition was allowed with a direction to put to vote the no confidence proceedings against the Chief Councilor. It is contended that the Chief Councilor was not inclined to convene a meeting of the concerned commissioners so as to have a complete debate on the motion of no confidence. It is alleged that a general meeting was being conducted by the Head Clerk of the Nagar Panchayat who was never authorized to conduct such a meeting, and that was objected to by the petitioner and upon that the Head Clerk, making - 2 - false and concocted allegations, lodged the FIR. The contention is that it is out and out a case filed on account of political vendetta and in order to scuttle out the attempts of the petitioner to have a debate on his motion of no confidence by ensuring that the petitioner is sent to prison and the Chief Councilor, thus, continues in her office. Regard being had to the facts of the case and the contentions and its background, I direct the above named petitioner on bail, either in the event of his arrest by the police or surrender in the court below, on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani in Jai Nagar P.S.Case No.131 of 2009, subject to the conditions as laid down under Section 438(2)of the Cr.P.C. B.Kr. ( Dharnidhar Jha, J. )