IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31797 of 2008 SHYAM SUNDRA SINGH Versus STATE OF BIHAR ----------- 2. 20.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 419, 420 and other provisions of the Penal Code. The submission is that the co-accused, Block Development Officer has been enlarged on anticipatory bail in Cr. Misc. No. 40133 of 2008. The allegation relates to grant of monetary benefits under Indira Awash Yojna. The petitioner, the middleman, is stated to have introduced the beneficiaries when their accounts were opened afresh. The allegations then are of misappropriation at the time of disbursement from Bank after simply obtaining thumb impression when the beneficiaries have confirmed non-receipt of the amount. Co-accused has been granted anticipatory bail on the submission that she had nothing to do with the withdrawal of money. Perhaps that alone would distinguish the case of the petitioner for anticipatory bail. However, only in order to ensure consistency in the orders of this Court, let the petitioner, abovenamed surrender in the court below within a period of six weeks from today, when he shall be enlarged on anticipatory bail during the period of investigation till the submission of charge sheet on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the - 2 - satisfaction of C.J.M., Darbhanga in Bahadurpur (Patora O.P.) P.S. case No. 99 of 2008, subject to the conditions laid down under Section 438(2) Cr.P.C. Should the petitioner fail to cooperate or interfere with the investigation, the prosecution shall be at liberty to move before the court below appropriately when the court below shall not be inhibited in any manner only for reason of anticipatory bail till submission of charge sheet. AkS/ (Navin Sinha, J.)