IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17367 of 2010 1. JAINARAIN MISHRA 2. Ganesh Choubey Versus THE STATE OF BIHAR ------ 4/ 01/09/2010 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are Mukhiya and Ward member alleged for taking Rs. 3500/- in name of opening Account and depositing only Rs. 150/- in the State Bank of India in place of Kshtriya Gramin Bank. All the beneficiaries witnesses are examined in paragraph-7 of the case diary stating about payment of Rs. 3500/- and depositing no amount which is said contradictory to the allegation levelled in the F.I.R., that account was opened by deposing Rs. 150/-. Here payment is relevant. All the beneficiaries are illiterate. Informant has made only statement in written report. So, the allegation cannot be doubted at the stage. Though in the case final form was submitted but that is only opinion of the I.O. deviating cognizance is taken. Considering the facts and circumstances of the case, the prayer of the petitioners is rejected. shail (Mandhata Singh, J.)