IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35930 of 2008 MOHAN RAI SON OF RAMJANAM RAI OF VILLAGE MERHUKA, P.S. BANIAPUR, DISTRICT SARAN (CHAPRA) Versus STATE OF BIHAR ----------- For the petitioner : Mr. Umesh Kumar Mishra, Advocate For the State : Mr. Choubey Jawahar, A.P.P. -------- 2 30.9.2008 Heard learned counsel for the petitioner and the State. Petitioner is elected Mukhiya of Gram Panchayat Raj Sisai, block Baniyapur, and district Saran. Allegation against the petitioner is that he has defalcated the Government money which was meant for the purpose of installation of solar lights and instead of purchasing the solar lights from TATA B.P. company, solar lights of other company has been purchased and installed. Learned counsel for the petitioner submits that the first information report has been instituted without proper inquiry or verification as in fact, the solar lights of TATA B.P. have been installed which were purchased from M/s Anupam Computer as that firm quoted the minimum rate. It is further submitted that the similarly situated other co- - 2 - accused Champa Devi has already been granted anticipatory bail by a Bench of this Court by order dated 10.9.2008 passed in Cr.Misc.No. 23626 of 2008.Learned counsel files a certified copy of the order. Let it be kept on record. Having regard to the aforesaid submissions and in the facts and circumstances of the case, let petitioner Mohan Rai in the event of his arrest or surrender in the court below within six weeks from the date of this order be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M. Saran at Chapra in connection with Baniyapur P.S. case no. 37 of 2008, subject to the conditions as laid down under section 438(2) Cr.P.C. Rahman/ (Dr.Ravi Ranjan, J)