IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.18092 of 2011 Suresh Prasad Yadav son of Late Chari Yadav Versus The State Of Bihar ----------- 4/ 27.07.2011 Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under sections 420 of the Indian Penal Code. The allegation against the petitioner is that he had defalcated rupees eight lacs allocated for construction of Panchayat Bhawan and instead diverted the same for purchase of eighteen solar lights. The contention of the petitioner is that he being the Mukhiya had to abide by the decision of Gram Sabha which had taken this decision, otherwise, fund would have lapsed and the Panchayat would not have gained in any manner. Since there is no allegation that the petitioner had defalcated the said amount and there is just an allegation of irregularity having been committed by him, it is ordered that in the event of surrender of the petitioner, named above, within four weeks from the date of receipt of a copy of this order, in connection with Parbatta P.S. Case No. 43 of 2011, he shall be released on anticipatory bail on furnishing bail bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, subject to conditions as laid down under section 438 (2) Cr. P.C., and (i) That one of the bailors will be a close relative of the petitioner, who will 2 give an affidavit giving genealogy as to how he is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner, (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and, if he is, he shall not be released on bail and further the petitioner shall undertake to be represented on the first date after cognizance if the investigation in the case is still pending and in case he fails to do so, his bail bond will be liable to be cancelled (iii) That the bailors shall also state on affidavit that they will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse and (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. JA/- (Anjana Prakash,J.)