IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27081 of 2010 MAHENDRA PRASAD YADAV, son of Nathuni Yadav, resident of village- Pansui, P.S. – Dulhin Bazar, District – Patna. ------------ Petitioner. Versus THE STATE OF BIHAR ------ Opposite Party. ----------- 02. 28.09.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner being ex-Mukhiya is named accused in this case carries allegation that he and co-accused a panchayat secretary are continued to keep the official papers which ought to have been handed over to the successors in office, the very motive behind it to cancel some illegal appointments of Siksha Mitra met at the instance of petitioner. It is submitted that the papers have already been handed over to the successors and again by them to successors, nothing is kept with the petitioner nor there is any wrong in any appointment nor any case appears instituted for such alleged wrongs. Co-accused has already granted privilege by order dated 15.03.2010 passed in Cr. Misc. No. 42409/2009 by a Bench of this Court. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioner, namely, Mahendra Prasad Yadav, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of 2 A.C.J.M. Danapur, Patna, in connection with Dulhin Bazar P.S. Case No. 11/2009, G.R. No. 211/2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)