IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2597 of 2009 SHAMBHU SINGH SON OF TRIVENI SINGH RESIDENT OF VILLAGE SHARWA,P.S. BARBIGHA,DISTRICT SHEIKHPURA Versus STATE OF BIHAR ----------- 2/ 28.2.2009 Heard learned counsel for the parties. The petitioner is one of the named accused in a case which has been registered for offences under Sections 406 and 409 of the Indian Penal Code on the basis of written report of the Block Development Officer in which allegation is that this petitioner and Jitendra Kumar Singh, Panchayat Sachiv withdrew Rs.2,42,049/- and misappropriated it. It is also alleged that no work was done with regard to scheme despite withdrawal of the amount. Submission is that the case is of simple delay in completion of work and it is not the case of defalcation. The Mukhiya of the Panchayat is technically sanctioning authority of the scheme and the work is to be executed by the Panchayat Sachiv. The said Panchayat Sachiv has been granted bail by a Bench of this Court Vide Cr.Misc.No 49235 of 2008 on 3.2.2009 after depositing of Rs.57,000/-. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, Sheikhpura in Barbigha P.S.Case No. 89 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)