IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27788 of 2009 MOJIBUR RAHMAN @ MD.MOJIBUR RAHMAN Versus STATE OF BIHAR ----------- Cr.Misc. No.10926 of 2009 NAGENDRA KUMAR Versus STATE OF BIHAR ----------- 02. 17.09.2009 Both the petitioners are accused in Chiraiya (Shikarganj) P S Case No. 155 of 2008 located in the district of East Champaran at Motihari. The present FIR was lodged by the Block Development Officer on the basis of certain complaints received with regard to disbursement of the amount to the various beneficiaries who had been identified under Indira Awas Yojna. One of the petitioner namely, Mojibur Rahman is the Mukhikya of the Panchayat and second petitioner Nagendra Kumar is alleged to be the Branch Manager of the bank from where the beneficiaries were to be paid or their money to be credited in their account. Allegations are that the two petitioners in connivance with some other persons did not disburse the entire amount and pocketed some of it in one manner or the other. The Court has serious concern in the matter because of the status of the beneficiaries who are lowliest of the lowest of the society but on a statement having been made at the bar on behalf of the Mukhiya namely, Mojibur Rahman that he is willing to deposit a sum of Rs.1,75,000/- with the court below as one of the pre- conditions for his release which has to be further disbursed to the actual beneficiaries on due identification on an undertaking given by - 2 - them that, that will be subject to the final outcome of the trial of the case. Keeping the nature of the allegation and the period they have been in custody and also the undertaking given by the Mukhiya, let Mojibur Rahman alias Md. Mojibur Rahman and Nagendra Kumar, petitioners in the two bail applications, be released on bail on furnishing bail bonds of Rs.20,000/- each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Sikarahana at Motihari (District – East Champaran) in Chiraiya (Shikarganj) P S Case No. 155 of 2008. One of the sureties will be executed by a close relation of the petitioners and the other by a local resident of the Panchayat in question. Power has been filed on behalf of one Hadish Ansari who claims himself to be one of the beneficiaries, whose release of fund has been pocketed by one of the accused persons by replacing the photograph and identity. The counsel states that her client should also be given liberty to demonstrate before the trial court that he is the real beneficiary and he also deserves to be released the balance amount in his favour if not the entire amount depending upon release, on verification of the fact that Hadish Ansari may also be released fund under Indira Awas Yojna. rkp (Ajay Kumar Tripathi, J)