IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21983 of 2010 MD.SABBIR ANSARI Versus STATE OF BIHAR ----------- 2 01.07.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Madhepura P.S. No. 07 of 2010 for offences punishable under Sections 467, 468 and 420 of the Indian Penal Code. Substance of allegation against this petitioner is of withdrawing certain amount which had been sanctioned in favour of his brother, Md. Alam Ansari under the Indira Awas Yajana. Learned counsel for the petitioner submits that for the alleged offence the petitioner who has no previous criminal antecedent; has remained in custody since 20.4.2010 and the money withdrawn has been remitted back to the account of his brother Md. Alam Ansari, who has given an undertaking that he shall not raise any claim towards the Indira Awas Yojana, his prayer may be considered. Taking into consideration the 2 circumstances and submissions of learned counsel for the petitioner, let the petitioner namely, Md. Sabbir Ansari be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. case No. 07 of 2010 subject to the following conditions:- (1) that one of the close relatives of the petitioner would stand as one of the bailors and who would file an affidavit giving out his genealogy with the petitioner. (2) The said bailor would be under a duty to inform the Court below in case this petitioner is named or gets involved in any further case of similar nature after his release and whereupon the Court below would be at liberty to cancel the bail bonds of the petitioner on grounds of misuse. Bibhash ( Jyoti Saran, J.)