IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41580 of 2011 ====================================================== Sanjay Kumar Singh .... .... Petitioner Versus The State Of Bihar .... .... Opposite Party ===================================================== 2 09-12-2011 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Mukhiya is apprehending his arrest in a case registered under Sections 467, 468, 471, 406, 409 and 420/34 of the Indian Penal Code. The accusation is of misappropriating the money in the construction of pond where it is alleged that instead of labourers, the J.C.B. machines were used and the parentage and address were either not entered or wrongly entered into the records. It is submitted by learned counsel for the petitioner that the enquiry report reflects that the measurement of the pond was not done and the enquiry officer could not come to a conclusion that whether the work was done by J.C.B. machine or the labourers, hence the petitioner has been maliciously implicated in the present case since some order was passed by the informant which was challenged by this petitioner in C.W.J.C. No. 14822 of 2011. Considering the fact that the enquiry report suggests that the enquiry officer could not come to a definite conclusion with regard to the accusation made and the investigation is still going on, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhaura P.S. Case No. 247/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner will be accepted by the learned court below on the undertaking that the petitioner will co-operate in the investigation. Non-co-operation of the petitioner will give liberty to prosecution to file an application for cancellation of the bail of the petitioner. Amrendra Kumar/- (Dinesh Kumar Singh, J)