IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46382 of 2009 MAHENDRA PRASAD SINGH @ MAHENDRA SINGH Versus STATE OF BIHAR ----------- 3 16.3.2010 Heard learned counsel for the parties. The submission of learned counsel for the petitioner is that one Akli Devi, an old age pensioner died but her pension was withdrawn for more than seven months. After a short inquiry, an F.I.R. was lodged against Panchayat Sewak and daughter-in-law of Akli Devi. The investigation is in continuation but due to political grudge, Up-Mukhiya of Panchayat filed a complaint making allegation against this petitioner that he was instrumental in withdrawing old age pension even after the death of Akli Devi but none appeared to corroborate the version save and except Up- Mukhiya. The petitioner is present Mukhiya. Investigation of withdrawal of pension of a dead lady is already pending. Petitioner may not be instrumental in withdrawal of pension that should appear in that investigation but filing a separate case that also by a person having some grudge, petitioner’s arrest cannot be justified at the moment. Thus, having regard to the facts and 2 circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall 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 Additional Chief Judicial Magistrate, Rosera (Samastipur) in Bibhutipur P.S. Case No. 90 of 2005, subject to the condition as laid down under section 438(2) Cr.P.C. However, petitioner’s prayer for bail shall be justified at the stage of hearing the case on charge matter by the trial court. AI ( Mandhata Singh, J.)