IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43235 of 2010 BRAJESH KUMAR, SON OF LATE JAY RAM LAL, RESIDENT OF MOHALLA RAJENDRA NAGAR, P.S. ARA NAWADA, DISTRICT BHOJPUR, AT PRESENT REGISTRAR, VEER KUNWAR SINGH UNIVERSITY, BHOJPUR AT ARA-------------------------------------------------------------------------------PETITIONER Versus THE STATE OF BIHAR-------------------------------------------------------OPP. PARTY ----------- 2. 26.3.2011 Heard learned counsel for the petitioner. No one appears for the State. The petitioner prays for anticipatory bail in a case under Section 409 of the Indian Penal Code. He is at present Registrar of Veer Kunwar Singh University, Bhojpur at Ara. Learned counsel for the petitioner submits that the allegation in this matter relates to a period 2000-05 when the petitioner was Co-ordinator of National Service Scheme (N.S.S.) and it is alleged that during the period when the petitioner was functioning as Co-ordinator he has expended an amount of 9,44,426/- for construction of boundary wall, gate grill and beautification, which is contrary to the provisions of N.S.S. Manual and he has not sent utilization certificate also. Moreover, he released certain amounts without any demand made by the colleges in N.S.S. fund. Learned counsel further submits that on similar allegation an F.I.R. being Ara Nawada P.S.Case 2 No. 140 of 2010 was lodged by an ex-student of the University in which the petitioner has been granted anticipatory bail by order dated 9.11.2010 passed by this Court in Cr.Misc.No. 33937 of 2010. It is further submitted by learned counsel that all expenditures were made on the basis of proceedings of the Salahkar Samiti, which consists of 12 Members, i.e., Vice- Chancellor, Regional Salahkar, Registrar, Principals of four colleges, Finance Officer of the University and other members. Moreover, according to learned counsel, there is no allegation that the petitioner had defalcated and took the money for his own use, rather the allegations are of irregular expenditure on heads not permitted by the N.S.S. Manual. On a consideration of the facts and circumstances of the case, it is directed that the petitioner Brajesh Kumar, in the event of his arrest/surrender within four weeks from today shall be released on bail on furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara, in connection with Ara Nawada P.S.Case No. 258 of 2010, subject to the other 3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ramesh Kumar Datta,J.) Spal/