IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2233 of 2010 RAM BILASH ROY, S/o Late Shiv Rai, Resident of Village – Kewatgama, Block – Kusheshwar Asthan, District – Darbhanga, at present Mukhia of Gram Panchayat Raj, Kewatgama, Block Kusheshwar Asthan, District – Darbhanga Versus STATE OF BIHAR ----------- 3/ 21.05.2010 Heard learned counsels for the parties. Without completion of the work payment was made for which complaint thereafter F.I.R. lodged. According to the learned counsel for the petitioner, petitioner is ‘Mukhiya’ having rivalry with ‘Up-Mukhiya’ who is either complainant or informant of the case, but a Committee was constituted by D.M. that conducted an enquiry after lapse of two years after flood and in that also lesser work was found to be done. According to the learned counsel for the petitioner it was due to flood and rain which is opposed on behalf of the learned counsel for the informant that there was no flood in between the period of measurement by the Committee and work done but para 93 mentions about flood. However, at the trial every area shall be taken into consideration but at the stage refusal of anticipatory bail of the petitioner is not justifiable. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt / production of a copy of this order in connection with Kusheshwar Asthan P.S. Case No. 138 of 2008, above named petitioner shall 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 learned Sub Divisional Judicial Magistrate, Biraul at Benipur, Darbhanga, subject to the conditions as laid down under Section 438(2) of Cr.P.C. Praful (Mandhata Singh, J.)