IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22072 of 2008 SUDARSHAN PRASAD Versus THE STATE OF BIHAR ----------- 2. 5.6.2008. Heard the learned counsel for the petitioner and counsel appearing on behalf of the State. The petitioner is seeking anticipatory bail in a case under Sections 409 and 420 of the Indian Penal Code. In the First Information Report it has been alleged that the petitioner alongwith Smt. Siyamani Devi were Incharge of construction of extra rooms in the Schools. The petitioner is said to have withdrawn the money for the purpose of making construction of the rooms on various dates on 7.12.2006, 8.2.2007, 23.1.2007 and 22.6.2007. It has been alleged that the petitioner could not complete the work and kept the money illegally with him and deposited Rs.1,30,000 on 4.8.2007, Rs.1,50,000/-on 6.8.2007 and Rs. 2,10,000/-on 20.8.2007. The allegation is that the petitioner is responsible for temporarily embezzling the government funds. It has been stated in letter dated 19.3.2008 in the First Information Report that the petitioner has embezzled an interest of Rs.5647.40(Five Thousand Six hundred forty seven and forty paise) as a result of illegal keeping of the government funds. Learned counsel for the petitioner submits on behalf of the petitioner that the petitioner did not embezzle the money and if had misused the amount he could not have deposited the amount forthwith within such short period. It - 2 - is further submitted that the work could not be completed because there was a dispute amongst the villagers and the petitioner gave information regarding the said dispute to the District Maistrate which is annexed with the First Information Report itself. Learned counsel for the petitioner submits that he is a government employee and there is no chance of him absconding. In the facts aforesaid, the petitioner Sudarshan Prasad in the event of his arrest or surrender in the court below within a period of six weeks, he (Sudarshan Prasad) shall 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, Jehanabad in connection with Kako P. S. Case No. 25/08. At the time of his surrender, the petitioner should deposit the amount of Rs.10,000/-in the court below. The court below shall deposit the amount in the fixed deposit in the Bank till disposal of this case. U.K. (Sheema Ali Khan,J)