IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7951 of 2010 AMIT KUMAR, SON OF JAGDISH SHAH, RESIDENT OF VILLAGE-HASANPUR SURAT, P.S. PATORI, DISTRICT- SAMASTIPUR………………………………….PETITIONER. Versus THE STATE OF BIHAR……………..OPPOSITE PARTY. ----------- For the Petitioner : M/s. Amitabh Bhardwaj, Prabhash Ranjan Thakur and Yugal Kishore, Advocates. For the State : Mr. Suraj Prasad Singh, A.P.P. ----------- 2. 12.3.2010. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 409/420/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that actually the work was allotted to the petitioner for filling up the ditch and not for the construction of Chabutara. It has also been submitted that the ditch has been filled up by the petitioner and the payment was made to the labourers. It is also contended that under NAREGA Progamme, only the earth works are given to the contractors and the same was done by him. - 2 - Learned A.P.P. for the State submits that the petitioner was assigned work for the construction of Chabutara also and the same was not done by him. However, having regards to the facts and the circumstances of the case, the petitioner, Amit Kumar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistare, Samastipur, in connection with Patori P.S. Case No.138 of 2009, with a further condition that one of the bailors of the petitioner must be the close relative or his family member, who will file affidavit before the court below giving full genealogy showing his or her relationship with the petitioner. That apart, the petitioner shall also furnish personal security amounting to Rs.25,000/-. P.S. (Dr. Ravi Ranjan,J)