IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38198 of 2008 DR.BRAHMA DEO PRASAD Versus STATE OF BIHAR - - - - 3. 23.9.2008 I have heard Shri Rakesh Kumar learned counsel for the petitioner and Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The case is under Section 409 of the Indian Penal Code and the fact of the case is that the petitioner, who at the relevant time was the Deputy Manager of the Bihar State Co- operative Bank, Ltd., Ashok Raj Path, Patna had taken some important files concerning some of the cases to his own residence and did not return the same to the Bank or any Officers. The petitioner is alleged to have committed misappropriation of a particular sum of money and the investigation was going on and the purpose for holding back the files was not to allow the enquiry to be completed finally. By making reference to some of the paragraphs of the case diary, like, paragraphs 66 and 67, etc., learned counsel for the petitioner has brought into the notice of this 2 Court the fact that the files which were the subject matter of the present prosecution were seized by the police and were handed over to the General Manager of the Bank on Jimanama and that those files had already been seized in connection with another offence and the I.O. recorded that the allegation appears false. Regard being had to the above facts and circumstances, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna, in Pirbaahore P.S.Case No. 404 of 2003. Kanth ( Dharnidhar Jha, J.)