IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12702 of 2008 TARA KANT MISHRA Versus STATE OF BIHAR ----------- 2 06.05.2008 A supplementary affidavit has been filed on behalf of the petitioner. Heard the learned counsels for the petitioner and the State. The petitioner apprehends arrest in Madhepur (Bheja) P.S.Case No. 244 of 2006 registered under sections 420, 406/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that on perusal of the allegations made in the F.I.R. lodged by the B.D.O.Madhepur vide letter no. 1509 dated 14.12.2006 it would appear that the allegation is categorically against Sameem Parwana who was Ex-Mukhiya of the Gram Panchayat Parbalpur. As regards this petitioner, he had identified the real beneficiary entitled for the first instalment of the Indira Awas Yojna and that they were not given the installment and the money was misappropriated, and therefore, no criminal case can be made out against this petitioner. As such, in the circumstances, the petitioner being the man of integrity having no criminal antecedent is entitled to be granted the privilege of anticipatory bail. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to refute the submissions advanced on behalf of the petitioners. - 2 - Having considered the submissions and on perusal of the averments made in the petition as well as the allegations made in the F.I.R. and the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, Tara Kant Mishra be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Jhanjharpur in connection with Madhepur ( Bheja) P.S.Case No. 244 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)