IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23179 of 2009 VAKIL RAM, son of Late Sarjug Ram, resident of Village Tarsua, Bargaon, P.S. Ratwara, District Madhepura -----Petitioner Versus STATE OF BIHAR ----------- 2. 21.8.2009 Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner is under section 409 of the Indian Penal Code. It is submitted that the petitioner is a Panchayat Secretary and has been made a named accused. The allegation is that the money allotted for construction of the road was not completed fully. As a matter of fact, brick soling was done. However, on account of certain encroachment thereon, that portion could not be completed while soling was in progress. Later on after removal of the encroachment, that portion was also completed and as such there is no offence of any criminal breach of trust. It is further submitted that the concerned Mukhiya, who is also a named accused made in the said case and having similar allegation of not completing the work in full, was allowed bail by this Court as per the order dated 20th of May, 2009 passed in Cr.Misc. No.15511 of 2009, vide Annexure 3. Considering the facts and circumstances of the case, let the petitioner above named 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 the Chief Judicial Magistrate, Madhepura, in connection with Madhepura P.S. Case No.348 of 2007. PNM (Shailesh Kumar Sinha, J.)