IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24364 of 2009 PRADIP KUMAR SINGH Versus THE STATE OF BIHAR ----------- 03 23.11.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under Section 409 of the Penal Code. The present case appears to have been lodged in the year 2006, in relation to an occurrence that had allegedly taken place in 1994. The allegation is that on a notice the informant had deposited his revolver with the ‘malkhana’ of the police station of which the petitioner was during the relevant time posted as officer-in-charge. Revolver is missing from the ‘malkhana’ This Court finds from the record that the present allegation is being leveled 12 years after the occurrence. Learned counsel for the petitioner submits that he was transferred from the said police station in the year 1994 itself. ‘Malkhana’ was under charge of different police officer. The charge of his office was duly handed over. No such discrepancy at that point of time was found. It is next contended that presently he is serving the State of Jharkhand. Having regard to the submissions advanced on behalf of the petitioner and after going through the materials placed on record, this Court is persuaded to extend him the privilege of anticipatory bail. In the event of arrest or surrender before the Court below within a period of six weeks from today, 2 petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM Muzaffarpur in connection with Kaji Mohammadpur P.S.Case no. 119 of 2006, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. It is made clear that one of the bailors should be the Government Servant. No sooner the case reaches up to the level of framing of charge, the petitioner shall appear in person before the Court below on the date fixed at the trial. In case of default on two consecutive dates, the Court below shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law. Sym/ (Kishore K. Mandal, J.)