IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28360 of 2011 Upendra Prasad Yadav, Son of late Mahavir Prasad Yadav, Resident of Village Budhoura, P.S. Alouli, District Khagaria. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------- 03/- 08/11/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 406, 409, 420 of the Indian Penal Code, is one of the named accused in this case being Panchayat Secretary with allegation of committing irregularities in execution of different government schemes. Submission is that during enquiry allegations have been found true against non-petitioner, the Mukhiya, but nothing specific emerged against the petitioner. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph - 154 dated 19.09.2011 failed to refute such allegations. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Maheshkhut P.S. Case No. 137 of 2008 arising out of G.R. No. 1931 of 2008, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)