IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30148 of 2011 Ashok Kumar Singh, Son of Late Janardan Prasad Singh, resident of Village Shambhu Patti, P.S. Samastipur, District Samastipur at present posted as Circle Officer, Khagaria (Sadar), P.S. Khagaria, District Khagaria. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 03/- 17/10/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 467, 468, 471, 409 & 420 of the Indian Penal Code, is solitary named accused in this case being posted as Circle Officer, Khagaria with allegation that at his instance some land was purchased for implementation of government scheme to distribute the same between landless persons of particular class, but though lands purchased were recorded in the record of rights as un-irrigated land, but payment has been made at the rate available for irrigated land. Submission is that revenue records were prepared sometimes 60 – 62 years ago, but due to lapse of time, and all-around development the land came into the category of irrigated land, though nothing of the kind is mentioned in the revenue records. Moreover, the land was to be distributed for the residential purpose among the beneficiaries and for said purpose, if any land is acquired/purchased as per rules framed for registration; it is more costlier than what is agreed with the seller at the instance of the petitioner. During investigation, it has also come that several irrigational facilities are provided nearby the plots in question. Moreover, the transferor has also offered to get the transaction cancelled and refund the money, if there is any such dispute. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph – 50 dated 10.09.2011 failed to refute any such submission. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Chitraguptnagar P.S. Case No. 291 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below on each and every date at least for one year or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)