IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16806 of 2009 CHANDRIKA PRASAD GUPTA, son of late Ayodhya Pd. Gupta, resident of village-Semapur Bazar, P.S.-Barari, District-Katihar -------- -------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 2. 20.5.2009 Heard learned counsel for the petitioner and the State. Petitioner is the Mukhiya of the Panchyat and allegation against him is that he has received Rs. 3,500/- from the informant for providing facilities under Indira Awas Yojana. From the complaint it is clear that she is not coming under the B.P.L. category and it is submitted by the learned counsel for the petitioner that benefit under the Indira Awas Yojana was given to her husband earlier in the year 1996, as such, no question is arising to provide her this facilities. There is no chit of paper or document to show the payment, if any, has been made or accepted by the petitioner basing which petitioner’s arrest at the moment is not justified. Accordingly, in the event of arrest or surrender within one month from today in Barari P.S. case no.23 of 2009, the 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 the Chief Judicial Magistrate, Katihar , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )