IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.625 OF 2009 GANAURI PASWAN, SON OF LATE JAMUN PASWAN, RESIDENT OF VILLAGE MASAURHI, POLICE STATION MASAURHI, DISTRICT PATNA VERSUS STATE OF BIHAR ******** 2 19.02.2009 This is the second application filed on behalf of the petitioner for grant of anticipatory bail on the ground that similarly situated accused has been granted anticipatory bail on 18.11.2008. The petitioner who is the Karamchari in the Block Office had received the amount of Rs. 5,60,000/- for the purpose of distribution to different agents. The agents were to distribute the amount to flood affected victims. Learned Counsel for the petitioner submits that this Court rejected the anticipatory bail application of the petitioner relying on Annexure-3 which would indicate that the petitioner was one of the persons responsible for receiving the amount for distribution in the flood affected areas. It appears that the Block Development Officer subsequently by letter no. 840, dated 01.04.2008 has informed the District Magistrate that the petitioner and one Braj Kishore Singh (Panchayat Sevak) have produced documents to show that they have distributed the cash amount to 2 different agents and as such the Block Development Officer on enquiry has found that only the agent i.e. Vinay Kumar Singh was responsible for the bungling in the distribution of the Government money. The District Magistrate, however, had ordered that the First Information Report should be instituted against all the persons and thus the petitioner has been made accused in this case. Learned Counsel for the petitioner further submits that Braj Kishore Singh was granted anticipatory bail on 18.11.2008 by this Court (Annexure-6) and this fact could not be brought to the notice of the Court while pressing the bail application of the present petitioner. In the circumstances, I direct that the above named petitioner should be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Masaurhi Police Station Case No. 222 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Masaurhi, Patna with a condition that one of the bailors must be a close family members of the petitioner and the petitioner will co-operate with the 3 investigation of this case and should produce before the Investigating Officer the accounts to show that he had distributed Rs. 4,20,000/- to the agents responsible for distribution of the cash amount in the flood affected areas. Anand ( Sheema Ali Khan, J. )