IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51347 of 2008 RASHID SHAH @ ABDUL RASHID, son of Sri Gafur Shah, village Aso, PS Ghanshyampur, Dist. Darbhanga.. .. Petitioner. Versus STATE OF BIHAR ----------- 2 2.2.2009 Heard the parties. The petitioner who is a ward member has been made an accused in a case under sections 384/34 of the Penal Code. Learned counsel for the petitioner submits that the Ward Commissioner and the petitioner had filed application before the B.D.O. alleging that the Mukhiya was misusing the Government funds and was changing the name of persons who were to be allotted money under different Government schemes. In retaliation thereof, it is submitted that the Mukhiya has lodged the present FIR in which he has set up five persons who allege that they were allotted Rs. 15,000/- from bank under the Awas Yojna and after they went home, the petitioner and some others came to their house and demanded Rs.5000/-. Learned counsel submits that the allegation is palpably false and has been motivated by the Mukhiya who was instrumental in getting these persons make allegation against the petitioner and others. Learned counsel for the petitioner further submits that the petitioner is neither responsible for choosing the persons who are to receive the benefits of such scheme nor is he instrumental in getting the money allotted to such persons and as such there was no occasion for him to demand a sum of Rs.5000/- from the allottees. Be that as it may, the petitioner is directed to be released 2 on anticipatory bail in the event of his arrest or surrender within six weeks in Ghanshyampur PS Case No. 78/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the C.J.M., Darbhanga subject to the conditions laid down under section 438 (2) Cr.P.C. haque (Sheema Ali Khan, J.)