IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44325 of 2010 SHIV SHANKAR RAI, son of Late Yadu Rai, village Goraul Bhagwanpur, PS Goraul, District Vaishali – Petitioner. Versus THE STATE OF BIHAR . 2 26.3.2011 Heard the learned counsel for the parties. Learned counsel for the petitioner submits that the Mukhiya has no role to play as far as placement of hand pump is concerned. It is decided by the Executive Engineer. It is further submitted that the entire FIR does not disclose the amount of money which has been misappropriated. Even if the enquiry report vide letter no. 155, dated 16.9.2009 is accepted, the allegation is that the hand pumps have been installed in the house of the residents, rather than in the field, water is not available in some of the hand pumps and that the platform which was utilized for installing the hand pump is very old. It is, thus, submitted that there is anomaly in the manner in which pump has been installed which work does not lie on the shoulder of the Mukhiya. Be that as it may, the petitioner is directed to be released on anticipatory bail, in the event of his arrest or surrender within six weeks, in Goraul PS Case No. 87/2010 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief judicial Magistrate, Vaishali at Hajipur, subject to the conditions laid down under section 438(02) Cr.P.C. haque ( Sheema Ali Khan, J.)