1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1872 of 2009 BRAHMDEO YADAV s/o Sri Nanu Yadav, R/o Dhanga P.S.Jamalpur District Darbhanga. Versus STATE OF BIHAR ----------- 3 11.05.2009 The petitioner apprehends his arrest in Jamalpur P.S.C ase No. 14 of 2007 for the offences u/s 406,409/34 and 420 IPC. The allegation on the petitioner is that he being the Mukhiya of the Gram Panchayat, paid a sum of Rs.1,000/- only out of the second instalment of Rs.10,000/- to be paid to the informant towards Indira Awas Yojana. Learned counsel for the petitioner submits that, in fact, a sum of Rs.9,300/- had to be paid as the 2nd instalment and it was paid to the informant not under the identification of the petitioner, but the Secretary of the Gram Panchayat. In support of his contention, learned counsel refers to Annexure-2 of the petition and points out that identifier on the payment of 2nd instalment is not the petitioner, but the Secretary of the Gram Panchayat, namely, Sri Ganga Prasad Paswan. Mr. Rajendrfa Shastgri does not point out any other material. Under the circumstances, petitioners Brahmdeo Yadav, in the event of his arrest or surrender within two weeks, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like 2 amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Biraul at Benipur in connection with Jamalpur P.S.Case No.14 of 2007, subject to the conditions laid down u/s 438(2) Cr.P.C. Jay/ ( C. M. Prasad. J. )