1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26339 of 2011 Manohar Lal S/o Jibak Rajak, R/o Village- Kadirganj, P.S. Nawada, District-Nawada. --Peitioner Versus The State Of Bihar --Opp.Party For the Petitioner : M/s S.K. Thakur & Sheo Kumar For the State : Mr. Binod Kumar No.2 ,APP 6 07.12.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed stating therein that no departmental proceeding has been initiated against the petitioner till date. Petitioner is one of the named accused in this case being Panchayat Secretary with allegation of issuing honorarium to one Priyanka Kumari for her service as Panchayat teacher whereas, in fact, no such lady teacher was entitled for such work. Submission is that, in fact, it is the petitioner who 2 pointed out the error earlier committed and enquiry was made at his instance and as per regulation on the basis of report submitted by concerned headmaster amount is required to be paid through cheque under signature of Mukhiya and for that Panchayat Secretary has no role. Investigation is going on. Considering the facts and circumstances, till conclusion of the investigation and submission of charge sheet, the petitioner, in the event of arrest or surrender within four weeks, is directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada, in Nawada (T) P.S. Case no. 460 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioner shall remain present before the court below till conclusion of the investigation and submission of charge sheet. In case of failure to remain present on two 3 consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)