IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.83 of 2010 1. UMESH KUMAR YADAV @ Umesh Kumar,s/o Late Bachha Prasad Yadav,R/O/V-Parsahi, 2. Ram Parsad Sardar,S/o-Munner Sardar, R/O/V-Wazitpur,both P.S.-Tribeniganj, District-Supaul. Versus THE STATE OF BIHAR ----------- 03/ 05-04-2010 Heard Mr. Yogesh Chandra Verma, learned senior counsel appearing for the petitioners and Mr. Abhimanyu Sharma, learned counsel appearing for the State. Petitioners apprehend their arrest in connection with Tribeniganj P.S.Case No.174/2009 dated 14-11-2009, registered for the offences under Section 161/420/406/384/34 of the Indian Penal Code. It has been submitted by the learned senior counsel for the petitioners that merely on oral statement by some of the beneficiaries under Indira Aawas Yojna, the present FIR was lodged by the Block Development Officer. It has further been submitted that during the course of investigation some of the beneficiaries have retracted from some allegation and they have not supported the prosecution case. According to him, petitioner no.1 being a duly elected Mukhiya has been implicated in the present case at the behest of his political rivals. Learned counsel for the State has strongly opposed the prayer for anticipatory bail and has pointed out that there is specific allegation against petitioner no.1 of taking Rs.5,000/- from each of the beneficiaries. However, he has fairly conceded that there is no such allegation against petitioner no.2, who happens to be the husband of a Ward Member. 2 In the aforesaid background, prayer for anticipatory bail made on behalf of petitioner no.1 is rejected. He must surrender in the court below within a period of four weeks from today and seek regular bail. If such a prayer is made, the same may be considered and disposed of on its own merit without being prejudiced by this order. However, so far petitioner no.2 is concerned; there is no specific allegation against him in the FIR. In that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Tribeniganj P.S.Case No.174/2009, petitioner no.2, Ram Prasad Sardar, shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)