IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21114 of 2009 EX.MUKHIYA SITA RAM PRASAD YADAV @ SITA RAM PRASAD YADAV Versus THE STATE OF BIHAR ----------- 03 07.09.2009 Heard both sides. Petitioner seeks bail in a case instituted under Sections 420, 467, 468/120B and 34 of the Indian Penal Code. The petitioner during the relevant time was working as Mukhiya. The F.I.R. has been lodged, alleging therein that the Mukhiya and other accused persons as such Panchayat Secretary and others connived in making illegal appointments. It appears, petitioner had earlier moved this Court for bail which was rejected under order dated 19.1.2009. Rejection was on the ground that a wrong statement regarding the antecedent of the petitioner was made. Petitioner produces an order dated 11.8.2009 passed in Original Miscellaneous No. 09 of 2007, whereby the said matter has now been finally disposed of. It is contended that the Court while passing the said order has taken note of the fact that on account of the wrong statement, the petitioner has already suffered as he continued to incarcerate in the present case. 2 Learned counsel then produces an order dated 30.3.2009 passed in Cr. Misc. No. 41652 of 2008, whereby the then Panchayat Sevak who, according to F.I.R., is equally involved in making illegal/ irregular appointments, has been granted anticipatory bail by this Court. The order is handed in by the counsel is kept on record, marked ‘X’. Petitioner is in custody since 19.9.2008. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Khizarasarai P.S. Case No. 55 of 2008. P.K. (K.K. Mandal, J.)