IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52069 of 2008 SURENDRA PRASAD NIRALA son of Devilal Rai, resident of Village- Mahiasaur, Police Station- Jandaha, District- Vaishali ------ Petitioner Versus STATE OF BIHAR ------ Opposite Party ----------- 2 5.2.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Section 406 of the Indian Penal Code. The allegation is that there was a pilot project in which 90% of the money was to be paid by the State Government and 10% was to be paid by the villagers. The role of this petitioner is that he had to supply the hand pumps to the villagers. It has been alleged that the petitioner has not supplied the hand pumps and mis-appropriated the amount. Learned counsel for the petitioner refers to annexure-3 wherein it has been stated that all the beneficiaries to the scheme compromised the matter. It is submitted that the First Information Report has been lodged under the mis-conception 2 that the 10% amount was to be paid by the State Government. It is, therefore, submitted that since the beneficiaries who are affected and have made allegations in the First Information Report have literally compromised the matter, the petitioner is entitled to bail. A petition for compounding of offence has also been filed by the petitioner in the Court below. Be that as it may, petitioner Surendra Prasad Nirala is directed to be released on anticipatory bail in the event of his arrest or surrender within six weeks in connection with Jandaha P.S. Case No. 29 of 2008 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(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)