IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12428 of 2011 KHUSHILAL SAH S/O LATE SAMCHANDRA SAH Versus THE STATE OF BIHAR ----------- 02 21.04.2011 Heard learned counsels for the petitioner and the State. The petitioner being the Panchayat Secretary is apprehending his arrest in a case registered under Sections 406, 409 and Section 34 of the Indian Penal Code. The accusation against the petitioner is that being the Panchayat Secretary, he did not prepare any beneficiary list of ‘Indira Awas Scheme’ and had not transmitted to the Bank. It is submitted by learned counsel for the petitioner that accusation is vague as the petitioner joined the concerned place on 19.09.2009 and the beneficiary list was transmitted on 22.01.2010. There was some irregularities in the beneficiary list, as a result the petitioner transmitted a letter to the Bank on 15.03.2010 not to make payment till verification is being made, whereas the First Information Report was lodged on 2 15.06.2010. Considering the aforesaid facts, let the above named, petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Salkhua P.S. Case No. 120 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Let the petitioner file an undertaking before the learned court below that he will co-operate and make himself available as and when required by the investigating agency. Nitesh/Safik (Dinesh Kumar Singh, J.)