IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11797 of 2010 RAJESHWAR SINGH Versus STATE OF BIHAR with Cr.Misc. No.22293 of 2010 ARSHAD ALI @ ADARSH ALI Versus STATE OF BIHAR ----------- 6. 26.08.2010. Heard learned counsel for the parties. Petitioners, being Gram Secretary and BDO respectively apprehend their arrest in a case registered for offence under sections 419,420,409 and 120B of the I.P.C. on the allegation that they misappropriated public money. It is submitted by petitioner Rajeshwar Singh that he was not posted in the said Panchayat at the relevant time. Moreover, he merely attested thumb impression of one of the beneficiaries of the scheme. It is submitted by petitioner Arshad Ali that he being BDO, acted pursuant to resolution of the Gram Sabha. Common contention is that beneficiary, namely, Harun Ram and Mukhia of the Pancayat, namely, Jail Singh have already been allowed anticipatory bail by this Court. In the facts of the case, let the petitioners as above be released on bail in the event of surrender within six weeks on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran at Motihari in Complaint case no. 37 of 2003. 2 Petitioner Rajeshwar Singh would not be absent physically for more than two consecutive dates at a stretch till three witnesses are examined in trial. Petitioner Arshad Ali would not be absent physically for more than two consecutive dates at a stretch till three witnesses are examined in trial from December, 2010 onwards. In case of breach of condition, bail bonds of petitioners would be cancelled and they would be taken into custody. Shashi. ( Samarendra Pratap Singh, J.)