IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12685 of 2008 SURENDRA PRASAD Versus STATE OF BIHAR ----------- 03 9.7.2008 Petitioner apprehends his arrest in Rajgir P.S. case No. 52 of 2007 registered under Section 409 and 420/34 of the Indian Penal Code and prays for grant of anticipatory bail. Mr. Amish Kumar, appearing on behalf of the petitioner submits that the learned Sessions Judge on its own finding ought to have acceded to the prayer of the petitioner. He points out that while rejecting the prayer of bail the learned Sessions Judge has observed that “ not handing over charge of the amount has been made against the accused Surendra Paswan and from para 56 and 52 of the case diary, it transpires that Surendra Paswan has not made over charge of the amount.” Mr. Bhupesh Kumar,Additional Public Prosecutor, appears on behalf of the State. Having heard learned Counsel for the party and taking into consideration the facts and circumstances of the case, I allow this application and direct that the petitioner 2 abovenamed, in the event of his arrest/surrender within four weeks, be released on bail on furnishing personal bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda in Rajgir P.S. case No. 52 of 2007,subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Let a copy of this order be also forwarded to the District and Sessions Judge, Nalanda. (Chandramauli Kr.Prasad,J.) A.Kumar