IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8528 of 2009 INDRA KANT MISHRA SON OF SALANDHAR MISHRA, RESIDENT OF MOHALLA SHIVPURI WARD NO. 9, P.S. AND DISTRICT ARARIA, AT PRESENT PANCHAYAT SEWAK, GRAM PANCHAYAT CHAINPURA MASURIYA, P.S. JOKIHAT, DISTRICT ARARIA. Versus SATE OF BIHAR ----------- 3/ 10-06-2009 Heard learned counsel for the petitioner and the State. Petitioner is the Panchayat SewaK and is an accused in a case under sections 406, 409, 420, 120B, 467, 471/34 of the Penal Code along with Firoz Nayeem, Block Development Officer, Shri Ganga Prasad Biswas another Panchayat Sewak. They are alleged to have defalcated the amount meant for the beneficiaries of Indira Awas Yojana. It is submitted on behalf of the petitioner that the allegation has been levelled in regard to the beneficiaries of Chirah Panchayat whereas the petitioner is Panchayat Sewak of Chainpura Masuriya Panchayat and Panchayat Sewak of Chainpura Masuriya Panchayat could not have identified the beneficiaries of Chirah Panchayat. The aforesaid aspect of the matter is required to be considered by the Investigating Officer. Let the petitioner co-operate in the investigation of the case and until investigation is continued, no coercive steps in connection with Jokihat P.S. Case No. 208 of - 2 - 2007, pending in the court of C.J.M., Araria, shall be taken against him but it is made clear that if charge-sheet is submitted against the petitioner, he shall surrender in the court below and obtain regular bail. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. ( V. N. Sinha, J ) BTiwary/