IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35760 of 2008 PASHURAM RAY SON OF CHATTHI LAL RAY, VILLAGE NAWAZI TOLA, P.O. & P.S. REVILGANJ, DIST. SARAN Versus STATE OF BIHAR ----------- For the petitioner : Mr. Y.V. Giri, Sr. Advocate. For the State : Mr. Upendra Kumar, A.P.P. 2 30.9.2008 Heard learned counsel for the petitioner and the State. Petitioner is facing prosecution under sections 406, 420,120B and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is the Mukhiya of Gram Panchayat Raj Diliya Rahimpur in the district of Saran. It is alleged, according to him, that the petitioner along with other co-accused persons has defalcated Rs. 3,27000/- of the Government money allotted for purchase and installation of solar light as the petitioner has purchased and installed solar light of other make than TATA B.P. company without following proper procedure. Learned counsel for the petitioner further submits that the allegation made in the first information report is not correct as prior to purchase of solar light all the procedures have been followed and matter was placed before the Aam Sabha as well as the purchase committee which has approved the purchase of the same solar light for installation at different places.. It is also submitted that quotations were invited and received and after consideration of quotation of different firms the order was given to the supplier to supply the solar lights at the minimum rate. In the facts and circumstances of the case , let petitioner Pashuram Ray in the event of his arrest or surrender in the court below - 2 - 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, Chapra in connection with Revilganj P.S. case no. 33 of 2008, subject to the conditions as laid down under section 438(2) Cr.P.C. Rahman/ (Dr. Ravi Ranjan, J)