IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7852 of 2009 MD.AMINUDDIN @ AMINUDDIN son of Late Ghafoor Shah, resident of village- Khaira Garhiya, P.S.- Narpatganj, District- Araria. Versus STATE OF BIHAR ----------- 2 06.03.2009 Heard learned counsel for the petitioner and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 323, 420, 467, 468, 471, 504, 34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner who is Mukhiya has falsely been implicated in this case on the allegation that by using the B.P.L. number of another person of the same name the benefit of Indira Awas Yojna was given to his son. It is further submitted that the alleged offence is not attracted since the sanction whatsoever was not done by the petitioner himself, but by the Committee, and as such, petitioner can not be held responsible for the same in absence of any allegation of malafide. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial - 2 - Magistrate, Araria, in connection with Narpatganj P.S. Case No. 147 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Mcverma ( Shailesh Kumar Sinha,J.)