IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19136 of 2009 RAM SWAROOP CHOUDHARY Son of Julus Chaudhary With Cr.Misc. No.19405 of 2009 SAMI AHMED Son of Late Nawab Mian With Cr.Misc. No.24011 of 2009 VIJAY CHAND PRASAD Son of Late Shiv Shankar Ram All resident of Village Khizersarai P.S. Khizersarai Dist. Gaya Petitioners Versus STATE OF BIHAR ----------- 3/ 09.09.2009 Heard learned counsel for the petitioners and learned counsel for the State. There is common as well as specific allegation against all the petitioners. What is common is about irregularity committed by them. They are party to either executing their work or distributing grain without signature of Mukhiya and Secretary both rather signature of Mukhiya only. In that connection petitioner(Ram Swaroop Chaudhary) is alleged for constructing Nali in Panchayat amount allocated for three schemes is Rs 15,000/- for which it is said that more work was shown than actual done . Petitioner Sami Ahmad has installed a gate at Kabristhan which is in existence but measurement of the same was lacking even the liability is fixed upon him. Petitioner Vijay Chand Prasad is PDS dealer. Allegation against him is that he distributed grains with signature of Ex-Mukhiya only while signature of Secretary also is mandatory. For all it is submitted that co-accused Suraj Mani Prasad Ex-Mukhiya was the person who was running and executing all schemes. So recommendation was made against him for realization of the money under Public Demand recovery Act. Petitioners are also apprehending - 2 - their arrest. Accordingly, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Khizersarai P.S. Case no. 51 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M. Gaya subject to the conditions as laid down under Section 438(2) of Cr. P.C. shahid (Mandhata Singh, J.)