IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37051 of 2009 ANIL KUMAR SRIVASTAVA, son of Nirsu Narayan Srivastava, Sub- Divisional Education Officer, Sasaram North, Bikramganj, Rohtas. Permanent resident of village – Bande, P.S. Amnour, District – Saran. ----------------- Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 07. 23.06.2010 Heard learned counsel for the petitioner and State. Petitioner is apprehending his arrest in connection with Sasaram Town P.S. Case No. 239/2009 for offences under Sections 467, 468, 471, 420, 409, 120B/34 of the Indian Penal Code. petitioner being Sub- Divisional Education Officer In-Charge who was handed over 20 cheques worth Rs. 7 lacs. Cheques were in one common series i.e. TPZ 296921 to 296940, but a substantial amount appears to have been paid by the bank authorities, on the basis of cheques bearing numbers 732021 – 732027. It is stated in the First Information Report that another cheque book was issued at the request of the petitioner and other authorities and payments have been made on the basis of the bearers cheques containing due sum and signature of the authorities concerned including the petitioner. It further appears that on getting some information about the payment of bearer cheques. The petitioner sought details from the bank authorities who after lodging the - 2 - case furnished the detailed information which indicates that initial payment was made on the basis of cheques issued earlier subsequently payment was made on the basis of another cheque book (bearer cheque) and again some payment have been made on the cheques issued earlier. It is contended that petitioner has neither signed the cheques which was allegedly issued on subsequent requisition nor said cheques bearing signature of the petitioner. investigation is still going on and in almost similar circumstances in another case the petitioner has been granted privilege till submission of final form vide order dated 09.06.2010 passed in Cr. Misc. No. 16301/2010. The signature of the petitioner is yet to be verified. Considering the facts and circumstances of the case and other order of this court referred to above, till submission of charge sheet, in the event of his arrest/surrender within a period of four weeks from today, let the petitioner namely, Anil Kumar Srivastava, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram in connection with Sasaram Town P.S. Case No. 239/2009. Subject to - 3 - condition laid down under Section 438(2) of the Criminal Procedure Code. It is further more clear that in events, police finding the case true against the petitioner, submits charge sheet, he shall surrender and seek for regular bail which can be disposed of in accordance with law and the materials available. Rajeev/ (Akhilesh Chandra, J.)