IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38688 of 2009 UMAKANT KUMAR @ UMA KANT PASWAN, SON OF LATE BISESHWAR PASWAN (PANCHAYAT SEVAK) SHEIKHPURA BLOCK OF KESAR, P.S. ARIARI, DISTRICT- SHEIKHPURA AND RESIDENTIAL PERMANENT ADDRESS OF MOHALLA BANGALIPUR (TEACHER COLONY),P.S. AND DISTRICT-SHEIKHPURA…………………PETITIONER. Versus THE STATE OF BIHAR…………………OPPOSITE PARTY. ----------- For the Petitioner : Mr. Satish Kumar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. -------- 2. 11.11.2009. Learned counsel for the petitioner is permitted to make necessary correction in paragraph-11 to this application with regard to the date from which the petitioner is in custody in connection with the present case. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 420 and 409 of the Indian Penal Code. As per the prosecution case, there was an order for payment of Rs.22,750/- but the cheque amounting to Rs.98,200/- was issued in favour of the petitioner. Thus, - 2 - excess money amounting to Rs.75,450/- was received by him. It is submitted on behalf of the petitioner that the petitioner is a Panchayat Sewak and the excess money, which had been given to him, had been returned back to the Government. In support of his submission, Annexure-‘2’, a receipt showing the return back of the money amounting to Rs.75,450/- has been appended to this application. The petitioner is stated to be in custody since 22.6.2009. Having regard to the facts and the circumstances of the case, the petitioner, Umakant Kumar @ Umakant Paswan, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Sheikhpura, in connection with Sheikhpura P.S. Case No.158/09. P.S. (Dr. Ravi Ranjan,J)