IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40973 of 2008 SHIV SHANKAR JHA Son of Late Sita Ram Jha, Resident of village- Raghopur Balat, P.S.- Raj Nagar, District- Madhubani Versus STATE OF BIHAR ----------- 2 11.11.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under section 406, 420 of the Indian Penal Code. The allegation against the petitioner is that while he was the Mukhiya he took a sum of rupees three lakhs from the informant for sanctioning the amount under the Indira Awas Yojna, however nothing was sanctioned nor the amount was returned back to the informant. It has been submitted on behalf of the petitioner that the informant is a set up man on account of the village politics. Notwithstanding the above, it is submitted that the matter has been amicably settled between the parties and there is no grievance against each other as would be appearing from the petition contained in Annexure-3 to the petition. Learned Addl. P.P. appearing for the State submits that police after investigation submitted the final form, however the Magistrate differed with the same and took cognizance of the offence. - 2 - Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of six weeks from today, the petitioner, namely, Shiv Shankar Jha be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Raj Nagar P.S.Case No. 83 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)