IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29021 of 2010 SUNIL KUMAR Versus THE STATE OF BIHAR ----------- 03 09.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner, namely, Sunil kumar apprehends his arrest in connection with Chandi P.S. Case No. 137 of 2010 registered under Sections 419, 420 & 406/34 of the I.P.C. Allegedly, Rs. 2, 23, 000/- was sanctioned for construction of Kisan Bhawan in Kachaharia village. Petitioner being Mukhiya of the said village, defalcated the huge amount of the aforesaid scheme and the aforesaid Kisan Bhawan could not be constructed on sanctioned place. In course of submission, learned counsel for the petitioner points out that the aforesaid building was constructed on different land instead of sanctioned place and taking the advantage of aforesaid fact the instant case has been lodged and, as a matter of fact, no amount has been defalcated rather the concerned officials, who measured the works done by the executive agency and I.O., have also found that the aforesaid building was constructed which is evident from perusal of Para 32 of the case diary. In view of the aforesaid fact as well as submissions, petitioner, namely, Sunil Kumar, in the event of his arrest or surrender within thirty days from the date of communication of 2 this order to the concerned court, shall be released on bail in connection with above stated Chandi P.S. Case No. 137 of 2010 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M, Hilsa ( Nalanda) subject to condition as laid down under Section 438(2) of the Cr.P.C. Shahzad ( Hemant Kumar Srivastava, J.)