IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51622 of 2008 1. MD.KALIM @ KALIM MASTER 2. MD. ALAM 3. MD. RAZUDDIN 4. MD. RAHIM ALL SON OF SAMIRUDDIN, R/O VILLAGE- JOGINDER P.S.- JOKIHAT, DISTRICT- ARARIA Versus STATE OF BIHAR ----------- 3 10/04/2009 Heard learned counsel for the petitioners and State. The petitioners are accused of a case which has been registered under sections 419, 420, 409, 120 B of the Indian Penal Code. All the four petitioners are full brothers. There is allegation that they in connivance with others have defalcated rupees one lac and thirty five thousand by adopting modes operandi of identifying fake beneficiaries under the Indira Awas Scheme. Submission is that the petitioners are not the Government employee so section 409 of the Indian Penal Code is not made out. Two petitioners have been allotted Indira Awas and they have taken payment to the extent of their allotment. The B.D.O. himself after getting proper verification by his subordinates have allotted the amount. The petitioners are in custody since 5.8.2008. Considering the facts and circumstances of the case, the petitioners above named are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each - 2 - with two sureties of the like amount each to the satisfaction of the C.J.M., Araria in connection with Jokihat P.S. Case No. 67 of 2008. avin (Shyam Kishore Sharma, J.)