IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40745 OF 2009 SUBODH KUMAR @ SUBODH KUMAR SINGH, SON OF LATE RAJENDRA PRASAD SINGH, RESIDENT OF VILLAGE CHHOTAIPATTI, POLICE STATION DARBHANGA SADAR, DISTRICTR DARBHNAGA VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.43005 OF 2009 LAXMI MAHTO, SON OF LATE GOPI MAHTO, RESIDENT OF VILLAGE KEUSIAGIR, POLICE STATION SAMASTIPUR (M), DISTRICT SAMASTIPUR VERSUS THE STATE OF BIHAR WITH CR.MISC. NO.44535 OF 2009 UMA DEVI, WIFE OF SATYANARAYAN SINGH, MUKHIYA GRAM PANCHAYAT RAJ KEWAS NIJAMAT, RESIDENT OF VILLAGE KEWAS JAGIR, POST OFFICE KEWAS NIJAMAT, POLICE STATION SAMASTIPUR (M), DISTRICT SAMASTIPUR VERSUS THE STATE OF BIHAR ******** 2 05/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners are apprehending arrest in a case under Sections 406, 420, 467, 468, 409, 471 & 504/34 of the Indian Penal Code. A scheme named as National Rural Employment Guarantee Scheme (NAREGA) was floated in the village. The ex-up-mukhiya and also the Member of the Ward have filed this case against the Mukhiya, the Chairman of the Vigilance Department and the Technical Advisor besides other. The allegation is that Village Muster Roll was prepared and the money was paid to the persons who had 2 done no work in the scheme. Manoj Kumar, who was the mate was responsible for allocating the work, distributing the money to the laborers and maintaining the Muster Roll. He has deposited Rs. 1640/- out of the total amount of money which is said to be defalcated, which is Rs. 3,354/-. Uma Devi (petitioner of Criminal Misc. No. 44535 of 2009), the Mukhiya, will deposit the rest amount of Rs. 1,714/- within a period of six weeks from today. As far as the petitioners Subodh Kumar @ Subodh Kumar Singh (Criminal Misc. No. 40745 of 2009) and Laxmi Mahto (Criminal Misc. No. 43005 of 2009) are concerned, it appears that they do not have any direct role in the distribution of the money or maintenance of Muster Roll. Considering the fact aforesaid, the above named three petitioners are directed to be released on anticipatory bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Samastipur (Muffasil) Police Station Case No. 565 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. 3 However, it is made clear that Uma Devi would be released on anticipatory bail only after deposit of Rs. 1,714/- within the aforesaid time. Anand ( Sheema Ali Khan, J.)