IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39542 of 2009 BRIJNANDAN SINGH, Son of Rameshwar Singh, Resident of village – Ibrahimpur, P.S. Sakurabad, District – Jehanabad. …. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 02/ 26.11.2009 Heard counsel for the petitioner and counsel appearing for the State. Petitioner was also one of the Executors of one of the scheme being done under National Rural Employment Guarantee Scheme. Allegation against him is that he has misappropriated Rs.1,46,628/-. Counsel for the petitioner submits that the institution of FIR is premature, in view of the direction of this Court in C.W.J.C. No. 7083 of 2009, unless report would have been submitted by the Commissioner, certifying misappropriation and defalcation of government money, no case should have been instituted. Considering these facts, prayer for grant of anticipatory bail on behalf of petitioner, namely, Brijnandan Singh is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with - 2 - two sureties of the like amount each in connection with Kako P.S. Case No. 84 of 2009 to the satisfaction of Chief Judicial Magistrate, Jehanabad. In case, the Commissioner submits adverse report against the petitioner, the informant and the State authorities will have option to move for cancellation of anticipatory bail granted to the petitioner. DKS/ (Mridula Mishra, J.)