IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20635 of 2009 1. MOZIBULLAH ANSARI 2. FAIYAZ AHMAD @ FAIYAZ AHMAD KHAN ---------------PETITIONERS Versus STATE OF BIHAR 5 29.10.2009 Heard learned counsel for the petitioners and the State. According to learned counsel, of five irregularities or illegalities, benefit under Gramin Rozgar Yojna if was given to four relations of petitioners who are Mukhiya and Secretary of the Panchayat that is given by ex- Mukhiya, Solar light is fixed at the places selected by Am Sabha. Third irregularity is about non-production of original papers regarding selection of Panchayat Shikshak that can be taken as disobedience may be irregularity or illegality there which can be verified only after receiving of original one and presumption may be there if sufficient reason was not for production of these papers but selection was cancelled by Block Development Officer, informant of the case which is challenged in the writ application and selected persons have approached the appropriate Tribunal which is subjudice. Some - 2 - of the bneneficiaries selected for diesel subsidy did not accept the petty amount so their amount remained deposited in the account. Some of the labourers of Gramin Rozgar Yojna have only claimed to receive only Rs. 50/- to 60/- instead of Rs. 68/- which according to learned counsel, are men of his rivalry defeated Mukhiya. His further submission is that in any case circumstances do not justify refusal of petitioners’ anticipatory bail. Having regard to the facts and circumstances, the above named petitioners shall be released on bail, in the event of arrest or surrender within one month from the date of communication of this order, on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Sub- divisional Judicial Magistrate, East Champaran at Motihari in Kundwa Chainpur P.S.Case No. 43/08, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI