IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3896 of 2011 Sukan Thakur, son of late Etwari Thakur, resident of village + P.S. – Kanti, District – Muzaffarpur, at present posted as Panchayat secretary, Panapur under Minapur Block, District – Muzaffarpur. ----------- Petitioner. Versus The State of Bihar -----Opposite Party ****** 06. 16.11.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary up to paragraph47 dated 08.06.2010. The petitioner, apprehends his arrest in connection with Minapur P.S. Case No. 25/2008 for offences under Sections 467/468/420/406 & 120(B) of the Indian Penal Code, is one of the named accused in this case being Panchayat Secretary of particular Panchayat with allegation of preparing list of the persons since not benefited under Indira Awas Scheme to be granted the benefits, but while preparing the list no care was taken whether the person is alive or dead. Submission is that one Ramashish Sahni at B.P.L. Serial No. 21447 as alleged died much before preparation of list whereas in fact he died much thereafter. In that view, petitioner committed no wrong. Learned Additional Public Prosecutor failed to point out any material indicating exact period of death of the said Ramashish Sahni or any statement of his family members recorded during investigation. It is further submitted that investigation is still going on. Considering the facts and circumstances of the case, in the event of his arrest or surrender within a period of four weeks, till conclusion of investigation/submission of charge-sheet, let the above- named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur, in connection with Minapur P.S. Case No. 25/2008, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till conclusion of investigation/submission of charge-sheet, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)