IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18839 of 2009 RAJU KUMAR @ RAJU PRASAD son of sri Baidnath Mahto, resident of village Kaithbigha, Police Station Khijarsarai, District Gaya.. ..Petitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: Mr. Prithivi Raj Sinha, Advocate, For the S t a t e : Mr. Jay Shankar Prasad Singh, A.P.P. … 2 26.05.2009 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner has been made accused in Khijarsarai P.S. Case No. 51/2008 under sections 409, 420, 467, 468 and 120B of the Indian Penal Code. In this case Mukhia and other co-accused persons have misappropriated funds for carrying out certain schemes. Learned counsel for the petitioner submits that the allegation is mainly against the Mukhia and others and only allegation against the petitioner is that he misappropriated rupees eight thousand without completing scheme no. 5/2006-07. It is further contended that no valid reason for implicating the petitioner has been given in the first information report, which has been lodged after a lapse of two years. Learned counsel for the petitioner 2 undertakes that the petitioner will deposit the amount, which is alleged to have been defalcated by him. The petitioner is stated to be in jail custody since 29.03.2009. In the facts and circumstances of the case, I direct the petitioner, Raju Kumar @ Raju Prasad, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in Khijarsarai P.S. Case No. 51/2008 with further condition that as per the undertaking given by learned counsel for the petitioner, the petitioner shall deposit the amount, which is alleged to have been defalcated by him, which would be subject to the decision of the trial. SC ( Dr. Ravi Ranjan, J.)