IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41862 of 2008 RAM NARESH SINGH son of late Awadh Bihari Singh, resident of village- Parasurampur, P.S.-Parsauni, Dist.-Sitamarhi.. Versus STATE OF BIHAR ----------- 4. 19.1.2009. Heard learned counsel for the petitioner and the State. The petitioner is a sole named accused of a case which has been registered under sections 409, 420, 471 and 467 of the Indian Penal Code. Block Development officer, Parsauni Block, Sitamarhi has reported to the officer incharge that his office has sent a list of 93 beneficiaries of old age pension scheme but instead of 93 the petitioner has opened accounts of 293 persons and thus he misappropriated the amount of rupees five lakhs which was additional amount by opening two hundred fake accounts. Submission is that in fact the petitioner has received a list of 293 beneficiaries. That list contains signature of B.D.O. A list of 93 beneficiaries sent through the B.D.O. did not contain his signature. Upon information of the B.D.O. the petitioner has opened account of 293 persons. So he has not committed any offence. This fact has been found to be true by the Dy.S.P. Considering the facts and circumstances of the case this application is allowed. The above named petitioner is directed to surrender before the court below within three weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief - 2 - Judicial Magistrate, Sitamarhi in connection with Parsauni P.S.Case No.23 of 2008 subject to the conditions as laid down under section 438(2) Cr.P.C. Md.S. (Shyam Kishore Sharma,J.)