IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41769 of 2011 Surendra Prasad Versus The State Of Bihar ---------------------------------- 2. 12.12.2011 Heard the parties. Petitioner is apprehending his arrest in Kesaria P.S. Case No. 117/2011 for offences under Section 409 of the Indian Penal Code. The allegation against the petitioner is that a complaint was filed before the S.D.O., Chakiya, East Champaranand which was forwarded to the Police which led filing of the present F.I.R. From the statement made in the F.I.R. it appears that the name of the petitioner in B.P.L. list is at Sl. No. 1177 and the petitioner had taken Rs. 300/ for opening account for the purpose of Indira Awash taking. It has further been alleged that for making availability of Indira Awas, a demand was Rs. 10,000/- was made, which he could not pay the said amount and as such he has not been given benefit of Indira Awas. It has also been stated in the F.I.R. that he had filed this case on the strength of general statement of the M.L.A. of that area who asked citizen not to pay any amount to any person for this benefit and an appropriate action would be taken against who would be found indulged in corruption, as such, this is complaint petition has been filed. The counsel for the petitioner states that the complainant has a lower position at Sl. No. 1177 and as only 30 persons from the top have been granted the benefit, complainant was not given the same because of his position in list. It has further been submitted that the petitioner is a Up-Mukhiya and he has no role in procuring benefit in connection with the Indira Awash Yojana. In the facts and circumstances, in the event of arrest or surrender within four weeks, petitioner, Surendra Prasad is directed to be released on anticipatory bail on his furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari in Kesaria P.S. Case No. 117/2011, subject to the conditions laid down under Section 438 (2) Cr. P.C. Mkc/ (Shivaji Pandey, J.)