IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43429 of 2008 1. MANOJ KUMAR MANDAL @ MANOJ MANDAL Son of Ragho Mandal, presently Mukhiya, Gram Panchayat Parbatta, P.S. Ismailpur, District Bhagalpur 2. GHUTESHWAR MANDAL, Son of Late Chatri Mandal At present Member, Panchayat Samiti, Gram Panchayat Parbatta, P.S. Ismailpur, Distt. Bhagalpur ---------Petitioners Versus STATE OF BIHAR ---------Opp. Party ----------- 2. 22.10.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Ismailpur P.S. Case No.14/2008 for the alleged offences registered under sections 409, 420 and 161 of the Indian Penal Code. Petitioner no.1 is the Mukhiya and petitioner no.2 is the Member of Panchayat Samiti, who are alleged to have received illegal gratification from the villagers in consideration for sanction of the old age pension and Indira Awas Yojna and on the basis of such complaint, on the orders of the District Magistrate, Bhagalpur, the present F.I.R. was lodged. The learned counsel appearing for the petitioners submits that the petitioners have been implicated in this case on account of enmity with the defeated Mukhiya. Learned counsel further submits that the same very villagers, who had earlier said that they had given certain money to the Mukhiya for sanction of the money 2 under Indira Awas Yojna, have filed an affidavit stating to the effect that they have not given any money to the Mukhiya and that they have given the said statement on account of political pressure. Considering the facts and circumstances of the case, it is directed that petitioners no.1 and 2 above named, in the event of their arrest or surrender in connection with Ismailpur P.S. Case No.14/2008, within a period of four weeks from today, be enlarged 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 Additional Chief Judicial Magistrate, Naugachhia, District Bhagalpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)