IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18317 of 2011 Rajesh Kumar @ Rajesh Sah Versus The State Of Bihar & Anr ----------- 3 06.07. 2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. There has been an allegation of taking of Rs.5000/- from each of the beneficiaries of Indira Awas Yojna against mukhiya, her husband and others of Sahwajpur Block which as per direction of the District Magistrate, the Block Development Officer, Mushahari put in written report. Petitioner who happens to be the husband of Mukhiya has submitted that though his name figures in the written report, but having no specific allegation from any of the beneficiaries against him to the extent of demanding / receiving of rupees five thousand. Apart from this, by putting Annexure-2/A it has been submitted that on account of some sort of mistake, the mukhiya had informed the BDO to stop payment and on the basis thereof, as per Annexure-2/B, the BDO stopped the payment which was subsequently released as per direction of the District Magistrate. The most surprising feature happens to be, as is evident from Annexure-3 where from it is evident that the Block Development Officer (BDO) had sent letter to the Officer-in- charge, Ahiyapur P.S. for annulling the F.I.R. earlier instituted by him on account of presence of official letter through which payment was stopped. Not only this, in the aforesaid background 2 the allegation of demand / receiving of rupees five thousand from each of the beneficiaries happens to be wrong. However, the police in stead of stopping the litigation, took warrant of arrest non-bailable and is behind the petitioner. The learned Additional P.P. did not controvert sanctity of relevant Annexures, more particularly Annexure-3. Taking into account the averments of Annexure-3, petitioner, namely, Rajesh Kumar @ Rajesh Sah is directed to 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 learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No.133 of 2010 (G.R. No.1035/2010) within a fortnight in the event of his arrest / surrender in terms of Section 438(2) Cr.P.C. PN (Aditya Kumar Trivedi, J.)