IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14344 of 2009 TANIK MANJHI(Mukhiya, Katauna Panchayat),S/o Sukar Manjhi,resident of village-Katauna, P.S.-Giriak(Katarisarai), Dist.-Nalanda. Versus THE STATE OF BIHAR ----------- 03/ 01-07-2009 Heard learned counsel for the petitioner and the State. It is an admitted case in which informant along with other meritorious candidates have not been selected, rather one Ram Naresh Prasad Singh on Merit List No.17 has been asked to join, rather he joined and working also. The only defence of the petitioner is that B.D.O. is empowered to cancel the list. Petitioner should approach him first before fixing any liability upon the B.D.O. His further submission is that all the candidates were noticed but none turned up. So, the candidate at serial no.17 was allowed to join. There is no reliable material to show that notice was ever sent to any one. Further non- approaching of the B.D.O. for cancellation can never be taken as excuse as liabilities are on different side. Act of the petitioner does not entitle him for anticipatory bail. Accordingly, this petition for anticipatory bail is rejected. AH/ ( Mandhata Singh, J. )