IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2887 of 2009 KAMLESH YADAV son of Sri Deo Nandan Yadav, resident of village- Nadawa, P.S.-Khizersarai, Dist.-Gaya. Versus STATE OF BIHAR ----------- 2. 2.3.2009. Heard learned counsel for the petitioner and the State. The petitioner is an accused of a case which has been registered under sections 420,409 and 406 of the Indian Penal Code. One Upendra Manjhi @ Kara Manjhi was sanctioned a sum of Rs.25,000/- for construction of a house under Indra Awas Scheme. He was delivered a cheque of Rs.13,000/-. The amount was withdrawn. Allegation against the petitioner is that soon after withdrawal of the aforesaid amount, he realized a sum of Rs,.6,500/-. Submission is that the aggrieved person has not come. The petitioner at the relevant time was not holding any post and so section 409 of the Indian Penal Code is not applicable. He is in custody since 2.9.2008. Considering 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/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in connection with Khizersarai P.S.Case No.2 of 2007. Md.S. (Shyam Kishore Sharma,J.)