IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13577 of 2010 Md.Azad Shahabuddin Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.21448 of 2010 Satish Poddar Versus State Of Bihar ---------------------------------- with Criminal Miscellaneous No.15246 of 2010 Sarita Devi W/O Sri Rajesh Kumar Singh R/O Vill.- Bijulia,P.S.-Samho,Dist.-Begusarai. Versus 1. The State Of Bihar ---------------------------------- 09. 27.09.2011 Heard learned counsel Mr. Purushottam Jha, Advocate for the petitioners, learned counsel Mr. Dilip Kumar, Additional Public Prosecutor for the State and learned counsel for the informant Mr. Akhileshwar Singh, Sr. Advocate who vehemently opposes the prayer of bail. From its origin in listing Agriculture Inputs Subsidy and its payment is reported for defalcation of the amount which really was paid by pointing out that 693 were identified while payment was made to 1051 persons. Listing of dead persons and payment to fake persons for payment to 1051 persons, a register kept with informant obtained under R.T.I. Act is made ground while the original one is called for from the concerned 2 Office showing no such number of persons to whom cheques are issued. The Court while dealing with bail is concerned with material collected by the Investigating Officer and its original documents, if I.O. is doubted on that point that something is left to be collected by the I.O. This Court has no concern with register kept by informant in R.T.I. Act, that can be raised in writ Court or elsewhere. Role of petitioner of Cr. Misc. No.15246 of 2010 is that she is Mukhiya, Member of the Committee, who identified the persons entitled to subsidy and no doubt some dead persons are listed in that, but submission is that no payment is made. Specifically, it is submitted on her behalf that she has no concern with issuance of cheques or its payment. Cheques are issued by B.D.O. and payments were made on identification of Ramashray Singh, Member of Panchayat Samiti or Panchayat Sewak. It is conceded by learned counsel for the State also that deads are not made any payment that is pointed out in concerned registers. List of beneficiaries is 693 and Serial number of the persons to be handed over the cheques is 702 in serial said due to handing over of cheques to heirs of dead persons. Specifically, it is submitted that if some cheques are encashed 3 by fake persons, petitioners of any of the Criminal Miscellaneous has no concern with those payments. Md. Azad Shahabuddin of Cr. Misc. No.13577 of 2010 is Block Development Officer and Satish Poddar of Cr. Misc. No.21448 of 2010 is Nazir. B.D.O. has signed the cheque and that is ascribed by Nazir. Withdrawal, if is not by real person, signature or thumb impression of the persons withdrawn the money with specimen signature or thumb impression of real one has not been compared by handwriting and thumb impression expert. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P. S. Case No.431 of 2008, subject to the condition as laid down under section 438(2) of the Cr. P. C. Vikash ( Mandhata Singh, J.)