IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16439 of 2009 1. KAMLESHWARI DEVI,W/o Ganaur Paswan(Member Sukh Suvidha Samiti)Gram Panchayat Raj Muradpur Bangra. 2. Gobind Mahto @ Ram Govind Mahto,S/o late Ram Lochan Mahto,(Member Sukh Suvidha Samiti). 3. Manoj Ram @ Manoj Kumar,S/o Basudeo Ram(Member Sukh Suvidha Samiti). 4. Rambabu Singh,S/o Ramjee Singh(Ex- Mukhiya, Gram Panchayat Raj, Muradpur Bangra) All of village-Muradpur Bangra,P.S.- Bangra,District-Samastipur. 5. Mahendra Rai @ Mahendra Prasad Rai,S/o late Nathuni Rai,Panchayat Sewak,Gram Pandhayat Raj,Muradpur Bangra,R/o village- Rariyahi,P.S.-Rariyahi,Dist.-Vaishali. Versus THE STATE OF BIHAR ----------- 02/ 15-05-2009 Heard learned counsel for the petitioners and the State. Petitioners have been alleged for appointing candidates having lesser qualification and eligibility, for which submission of the learned counsel for the petitioners is that some candidates as shown by the complainant withdrawn their applications, so appointment was made from rest of the applicants. In course of enquiry, signatures of the candidates, who have withdrawn their applications, are said to be not similar to that of aggrieved persons. According to the learned counsel that needs expert opinion. Moreover, appointment was not challenged in the year 2003 when the same was made and the service condition was not attracted at all, which in course in later orders chance was given to the selected candidates, then only this case has been lodged in which petitioners arrest at the moment can never be justified. I agree with the same. 2 Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No.1115 of 2006, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of Sri R.S.Shukla, Judicial Magistrate, Samastipur, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )