IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.921 of 2011 FAKU MANDAL @ AKHILESH MANDAL @ FEKU MANDAL Versus THE STATE OF BIHAR THROUGH THE ----------- 03 26.03.2011 Heard learned counsel for the petitioner as well as learned counsel appearing for the C.B.I. Admittedly, at the relevant time, the petitioner was Up-Pramukh of the concerned Block and it is stated that he identified several loanees and also produced certificates mentioning this fact that the borings had already been installed in different areas. The contention of learned counsel for the petitioner is that another Bench of this Court has clearly observed in Order No. 03 dated 06.02.2009 passed in Cr. Misc. No. 52103 of 2008 that the grounds raised on behalf of the petitioner at the time of hearing of above stated Cr. Misc. No. 52103 of 2008 are good grounds for consideration of his regular bail. Learned counsel for the petitioner further submitted that being Up-Pramukh of the Block, he signed some documents and identified the beneficiaries but subsequently, on account of local politics the aforesaid beneficiaries changed their stands and made complain against the petitioner and so far as the producing of fake certificate is concerned, the same allegation has no leg to stand. Further contention of learned counsel for the petitioner is that one co-accused has already been released on bail by another Bench of this Court though he is not in possession of the aforesaid bail order of co-accused. 2 Although, learned counsel appearing for C.B.I. opposed the prayer for bail of the petitioner but he fairly conceded that another Bench of this Court has made certain observations while disposing of Cr. Misc. No. 52103 of 2008 and the aforesaid observations go in favour of the petitioner. Taking into consideration the above stated facts and circumstances as well as submissions of the parties, let the petitioner 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 Special Judge, C.B.I., North Bihar, Patna in connection with Special Case No. 19 of 2006 arising out of RC No. 22(A) of 2006. It is made clear that if the petitioner fails to make his appearance in person before the concerned court in course of trial, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. Shahzad ( Hemant Kumar Srivastava, J.)