IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11573 of 2008 AKHILESH KUMAR Versus STATE OF BIHAR ----------- 4. 5.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Nanpur P.S. Case No.75/2006 for the alleged offences registered under sections 409, 420 and 120B of the Indian Penal Code. It is submitted on behalf of the petitioner that the allegation against the petitioner is to the effect that while he was Mukhiya he in discharge of his duties with regard to Government scheme of Indira Awas Yojana received illegal money from the beneficiaries for extending the benefit of Indira Awas Yojana. It is further submitted that the allegation has been made against the petitioner due to political rivalry. However, during investigation, the beneficiaries have stated that no money was ever given to this petitioner for availing the benefit under Indira Awas Yojana. Accordingly, the police submitted the final form. However, the Magistrate differed and took cognizance of the offence against the petitioner. As such, the petitioner 2 apprehends his arrest. A certified copy of the order taking cognizance has been produced by the learned counsel for the petitioner, which is being kept on the record. The learned APP on going through the case diary submits that although the witnesses have not supported the prosecution case except the informant, some of the beneficiaries have alleged against the Mukhiya before the Magistrate. Considering the above, it is directed that the petitioner Akhilesh Kumar, in the event of his arrest or surrender in connection with Nanpur P.S. Case No.75/2006, within a period of four weeks from today, be enlarged 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 Sub-Divisional Judicial Magistrate, Pupri (Sitamarhi), in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)