IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15511 of 2010 1. LAKSHMAN RAY,son of Late Sheo Narayan Ray,resident of village and P.S.- Narpatganj,District-Araria. 2. Md. Soeb Alam,son of Md.Sahabuddin. 3. Md. Barik,son of Md. Hasamuddin. Both resident of village-Rajganj,P.S.- Narpatganj,District-Araria. .. Petitioners Versus THE STATE OF BIHAR.. .. Opp.Party ----------- For the Petitioners :Mr. Binit Kumar,Advocate For the State :Mr. Ram Vilash Ray `Raman’, Addl.P.P. ----------- 02/ 06-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 419, 420 and 409/34 of the Indian Penal Code, all the three petitioners are alleged to have illegally withdrawn certain money from the bank by using three cheques, which were missing from the office of the Circle Officer. Petitioner no.1 is alleged to have withdrawn Rs.28,000/-, petitioner no.2 is alleged to have withdrawn Rs.30,000/- and petitioner no.3 is also alleged to have withdrawn Rs.30,000/- by three different cheques, which have been mentioned in the chart appended along with the FIR vide Annexure-1. Learned counsel appearing on behalf of the petitioners submits that petitioners are, in fact, beneficiaries and they have been given that money for flood relief. However, once they learnt that money has been given to them through cheques, which were found missing from the office of the Circle Officer, they immediately deposited the entire amount in the State Bank of India 2 through different bank drafts. In support of the aforesaid claim petitioners have annexed the certificates issued by the bank and other documents, which have been annexed as Annexure-3 series. Be that as it may, in view of the fact that petitioners have deposited the entire amount, which they are alleged to have illegally withdrawn from the bank, in the event of arrest/surrender within a period of four weeks from today in Chhatapur P.S.Case No.163 of 2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Supaul, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to further condition that one of the bailors must be a Government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. AH/ ( Birendra Prasad Verma, J.)