IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33503 of 2010 CHANDRIKA PRASAD GUPTA Versus THE STATE OF BIHAR ----------- 3 20.1.2011 Heard learned counsel for the parties. Allegation is about misappropriation of amount of allotment for three schemes which was to be utilized for filling earth in course of repair of three village roads, its convener who according to learned counsel for the petitioner, was really responsible for the work, is allowed bail while Sachiv standing on footing of this petitioner is refused bail by this Court vide Cr.Misc.No. 35200 of 2010. So it is better to leave the discretion of the Court in regular side to decide if petitioner in capacity of Mukhiya is entitled for bail or not. Hence, prayer for anticipatory bail on behalf of petitioner is rejected. Petitioner is directed to surrender in the court of Chief Judicial Magistrate, Katihar in Barari P.S. Case No. 100 of 2010 and pray for regular bail which shall be decided on its own merit without being prejudiced by this rejection order. AI ( Mandhata Singh, J.)