IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.43676 of 2008 Rajeshwar Prasad, son of Kuldeep Narain Pandey, resident of village Nawanagar Nizamat, P.S. Sahebganj, district Muzaffarpur, the then drawing and Disbursing officer, Middle School Manain and Headmaster Middle School Rampur Bhikhanpura No. 2, Anchal and P.S. Sahebganj district Muzaffarpur .. Petitioner Versus The State of Bihar .. O.P. **** /2/ 19.01.2009 Heard the counsel for the petitioner and the State. 2. Offence alleged is under Sections 409, 420, 467, 471 and 472 of the Indian Penal Code. As per the allegation in the first information report an amount to the tune of Rs.4,74,654/- were withdrawn in excess and embezzled under the head of salary during financial year 2003-2004. It has been submitted by the petitioner’s counsel that petitioner when detected excess withdrawal himself approached Area Education Officer to conduct an enquiry. On enquiry, it was found that the money have been defalcated by Manoj Kumar, Treasury Messenger, in connivance with the In-Charge Headmaster. The defalcated amount has already been deposited by Manoj Kumar in the light of letter no. 3656, dated 15.11.2006, has already deposited the amount by way of treasury challan on 30.05.2008. 2 3. Considering the facts, the prayer for grant of anticipatory bail on behalf of the petitioner, Rajeshwar Prasad, is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Sahebganj P.S. Case No. 161 of 2005 to the satisfaction of the Subdivisional Judicial Magistrate, West, Muzaffarpur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )