IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1648 of 2009 1. AMIRUDDIN S/O LATE HAJARU MOHAMMAD 2. MD. SHAHNAWAZ S/O AMIRUDDIN 3. MD. MUSWA S/O LATE SAJIR MOHAMMAD ( ALL R/O VILL. SIRAJMOHI, P.S. ABADPUR, DIST. KATIHAR.) ---- PETITIONERS Versus THE STATE OF BIHAR ----- OPP. PARTY. ----------- 03. 22.04.2009 Heard both sides. Three petitioners have approached this court for grant of anticipatory bail in a case instituted under Sections 420 and 120B of the Penal Code. Petitioner no.1, during the relevant time, was ‘mukhiya’ whereas, petitioner no.2 is son of petitioner no.1 and petitioner no.3, during the relevant time, was elected ward man . The complaint was lodged in 2006 relating to an occurrence that occurred in 2003. The complainant was allotted a sum of Rs. 10,000/- from the Government. The petitioners herein fraudulently took the said amount from the complainant by withdrawing the same from the bank Learned counsel for the petitioners submits that apart from the fact that three years after the occurrence the present complaint is being lodged, there is yet another aspect of the matter i.e. no enquiry as such was made by the Government in relation to the deposit and withdrawal of the aforesaid amount. It has further been contended that the delay in lodging the 2 complaint has not at all been explained by the complainant. Having considered the said submissions and after going through the record, this court is persuaded to extend the privilege of anticipatory bail to the petitioners. In the event of their arrest or surrender within a period of four weeks from today before the court below, above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Katihar in connection with Complaint Case no. 210 of 2006, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. Sym/ (Kishore K. Mandal, J.)