IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27869 of 2011 Sadan Kumar Rai, Son of late Hari Mohan Rai, Resident of Village Rampur Hardar, P.S. Balrampur, District Katihar. -------Petitioner Versus The State Of Bihar -----Opposite Party ------------- For the Petitioner :- Mr. Helal Ahmad, Adv. For the State :- Mr. Damodar Prasad Tiwary, A.P.P. -------------- 03/- 21.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 418, 419, 420, 467, 468, 471, 474 of the Indian Penal Code, is one of the named accused in this case being Mukhiya in a particular Panchayat with allegation that he is one of the signatories of a list prepared for benefits of Indra Awas Scheme, wherein, altogether 89 names were added without any basis. The defects could be pointed out at the fag end; consequently, the benefits could not be given to such unauthorized persons. Submission is that petitioner is an illiterate person and when Panchayat Secretary and the concerned B.D.O, though signed the list, petitioner also did the same. By referring paragraph no. 19 of the case diary, it is also submitted by learned counsel for the petitioner that had the list been verified by B.D.O., the error, if any, could have been rectified at the earlier stage itself, but the said B.D.O. figures as informant in this case, in spite of being one of the signatories on the alleged list. It is also submitted that the added persons could not be benefited, so no offence is made out. Taking into consideration that the petitioner is not an illiterate person passed at least Class VIIth, as is evident from the investigation; especially knowledge is verified from the nomination paper filed by him at the time of election for the post. He cannot at this stage take benefit of any sort of ignorance, consequently, appears not entitled for the privilege sought. Hence, prayer for anticipatory bail of the above named petitioner in connection with Balrampur P.S. Case No. 41 of 2011, pending in the court of Chief Judicial Magistrate, Katihar, is hereby rejected. Praveen/- ( Akhilesh Chandra, J.)