IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16155 of 2008 MANI BHUSAN PRASAD Versus STATE OF BIHAR ----------- 2. 7.5.2008. N.H./ Heard the learned counsel for the petitioner as well as the State. Petitioner apprehends arrest in a case under sections 409 and 34 of I.P.C. It is a case of withdrawal of advance of Rs.2050.20 paise as T.A. but the petitioner never submitted Tour diary and its purpose and thereby defalcated the amount. However, it is submitted that no irregularity was committed. He was not drawing and disbursing Officer. The B.D.O. had actually paid the advance and with a view to avoid the protracted trial, he has already deposited the amount in Nazarat. Having regard to the facts and circumstances of the case, in case of arrest or surrender before the court below within four weeks of receipt of this order, petitioner, namely,Mani Bhusan Prasad is directed to be released on bail on his furnishing bond of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Katihar in Korha P.S. Case No.158 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. ( Ghanshyam Prasad )