IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19543 of 2009 MD.KALIMUDDIN Versus STATE OF BIHAR ----------- 4. 11.08.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under diverse sections of the Penal Code including sections 409 and 420 IPC. The B.D.O. is the informant. With respect to the allotment of work under different Government Schemes during the period 2001-2005, allegations are that all the local officials including the petitioner, who was assigned certain construction jobs, have embezzled the Government money. Learned counsel for the petitioner submits that he was assigned the job of fixing/repairing the hand pumps as also construction of about 250 ft. long Drain. It is contended that the B.D.O. himself has noted in his report that permit of food grains for execution of the work ought to have been allotted to the petitioner but it was taken by co-accused Prem Chand Kumar. Learned counsel further submits that he is prepared to deposit a sum of Rs.4000/- with the Government in connection with the allegations that the hand pumps allegedly repaired by him were not found in working condition. It is stated that the amount so deposited shall be without prejudice to his right/claim/defence in the present case. The petitioner appears to be in custody since 2 22.03.2009. In the facts and circumstances of the case, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10, 000/- with two sureties of the like amount each to the satisfaction of CJM, Gaya in connection with Khizersarai P.S. Case No. 51 of 2008, subject to the condition that the petitioner shall deposit a sum of Rs.4000/-(Rupees four thousand) in the Nazarat of the block or in the civil court and produce receipt thereof along with the bail bonds. Such deposit shall be without prejudice to his right/claim/defence at the trial hr ( Kishore K. Mandal )