IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16290 of 2009 1. SUDHIR KUMAR SINGH @ SUDHIR KUMAR,son of Sri Baidya Nath Prasad Singh, resident of village-Tangraha,P.S.- Minapur, District-Muzaffarpur. 2. Vijay Kumar Singh,son of Sri Ram Chandra Singh,resident of village- Sarhachiaya, P.S.-Aurai,District- Muzaffarpur,the then Panchayat Secretary, Gorigama, Minapur, District- Muzaffarpur. Versus STATE OF BIHAR ----------- 02/ 15-05-2009 Heard learned counsel for the petitioners and the State. There was a special package for allowing Indira Awas to flood affected persons in which it is alleged that 12 persons were given benefit of the scheme, who were above poverty line and petitioners have been named as selector and sender of their names, while it is submitted on behalf of the petitioners that though they are Mukhiya and Secretary of the Panchayat but it is the Extension Officer who selects the name of benefited persons and such name was forwarded to Panchayat and in a General Meeting 92 names were identified entitled for benefit and that was sent also to the block and how these 12 persons were given benefit of the scheme, they have no concern with the same. Record of enquiry is missing from the block, which could clarify the position about the name given by the petitioners. It is said that petitioner were not benefited any way. In the discussed facts and circumstances, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today 2 in Minapur P.S.Case No.259/2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )