IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31959 of 2008 PAWAN KUMAR SINGH Versus STATE OF BIHAR ----------- 02 15.09.2008 Heard learned counsel for the petitioner and the State. Petitioner is accused in a case for the offences registered under Sections 406,420 and 120(B) of the Indian Penal Code. The allegations against the petitioner who is a member of the Gram Panchayat Samiti is allegedly carrying the repairing work of road without taking the administrative and technical approval and that too in absence of any order issued by the Competent authority. It is submitted on behalf of the petitioner that no amount was ever given to the petitioner against those alleged constructions work as such there is no criminal breach of trust or the cheating against this petitioner. Neither the petitioner has been paid anything nor has he made any claim for payment. The learned A.P.P. appearing on behalf of the State, on the other hand, is not in a position to refute the submission as made above. Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Pawan Kumar Singh be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Sakra P.S. Case No. 44 of 2008 subject to the conditions as laid down under section - 2 - 438(2) of the Code of Criminal Procedure. Sym ( Shailesh Kumar Sinha,J.)