IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37834 of 2008 BHAGWAN DAS, SON OF LATE SUKHDEO DAS, R/V BATISHPUR, P.S. MAKHDUMPUR, DISTRICT JEHANABAD, AT PRESENT PANCHAYAT SECRETARY IARA PANCHAYAT, PRAKHAND KARAPI, DISTRICT ARWAL--------PETITIONER. Versus THE STATE OF BIHAR-----------OPPOSITE PARTY. ----------- 05. 09.04.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 409 and 420/34 of the Penal Code and is named in the First Information Report along with Indal Kumar, the Mukhiya, Gram Panchayat, Iara Karapi, Arwal. Petitioner is Panchayat Secretary. Both Mukhiya and the petitioner are alleged to have misappropriated the funds allocated for raising a school building. It is submitted on behalf of the petitioner that true it is that Rs. 3,40,000/- was allocated to raise the school building but as there was dispute about the site of the school building the funds were diverted under instructions of the Aam Sabha and utilized for sinking hand pumps. Measurement Book, Annexure-5 has been brought on record to establish that hand pumps were sunk and with reference to such Measurement Book it is submitted that the Mukhiya Indal Kumar was allowed the privilege of bail in the event of arrest by another bench of this Court under orders dated 15.12.2008, Annexure-6. It is also submitted that there is no material difference between the case of the petitioner and the said Indal Kumar and he should also be allowed similar treatment, which has been allowed to Indal Kumar. I regret not to accept such submission as while passing the order dated 15.12.2008 another bench of this Court has not noticed the fact that the Aam - 2 - Sabha is not authorized to divert the funds allocated by the State Government. The authorities of the State Government could only have instructed the Mukhiya and the Panchayat Secretary to have utilized the fund for any other purpose including sinking of the hand pumps. In the circumstances, without noticing such aspect of the matter if Indal Kumar has been allowed bail in the event of arrest such order cannot be relied upon to grant similar benefit to the petitioner. Accordingly, I direct the petitioner to surrender in the court below within a period of four weeks from today and apply for regular bail but while considering such prayer the court below will consider the claim of the petitioner and if it is satisfied that the funds were diverted only to ensure that the same is utilized for some public purpose and actually hand pumps were sunk then appropriate orders be passed. This application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J)