IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33955 of 2008 1.RAM CHANDRA RAI S/o- Late Anuplal Rai R/o- Village Khalishpur, P.S.- Sarairanjan District - Samastipur Versus STATE OF BIHAR ----------- 2. 24.10.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under Sections 406, 408, 467, 468, 471, 420/34 of the Indian Penal Code. The allegation against the petitioner is that while he was working as Panchayat Secretary of the concerned Gram Panchayat he distributed 75 k.g. of grains among 41 beneficiaries instead of 75 beneficiaries. It is submitted that the allegation against the petitioner is absolutely false. The informant has lodged the present FIR which is revengeful in nature since the Bhavi of the petitioner namely, Mamta Kumari had earlier filed a writ petition challenging the appointment of the petitioner as Aganbari Sewika while he was CDPO at the material time as stated in paragraph10 and 11 of the petition. The said appointments were enquired into by the concerned District Magistrate by the order of - 2 - Hon’ble High Court which were found illegal and hence the District Magistrate cancelled the appointment which was made by the petitioner. Learned counsel for the State is not in a position to refute the submissions on behalf of the petitioner. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, named above 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 the Chief Judicial Magistrate, Samastipur in connection with Patory P.S. Case No. 6 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)