IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12481 of 2011 MAHENDRA PRASAD CHAUDHARY S/O LATE BINDU CHAUDHARY Versus THE STATE OF BIHAR ----------- 02 21.04.2011 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Secretary is apprehending his arrest in a case registered under Section 409 of the Indian Penal Code. The accusation against the petitioner is that Rs. 6,000/- was taken by him for getting the sanction made under the “Indira Awas Scheme”. Learned counsel for the petitioner submits that the F.I.R. has been lodged after nine months of the occurrence. Moreover, the petitioner was not authorized to make the sanction or disburse the amount. It appears unreasonable that the senior officers made the enquiry but the persons who were authorized to sanction and disburse the amount have not been made accused. It is further submitted that even if assuming the accusation the offence is only made out under Section 418 of the Indian Penal Code. Considering the aforesaid fact., let the above named, petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in 2 connection with Amdabad P.S. Case No. 154 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Nitesh/Safik (Dinesh Kumar Singh, J.)