IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33512 of 2009 MAHESH KUMAR CHAUDHARY, SON OF SRI BAIDH NATH PRASAD CHAUDHARY, RESIDENT OF VILLAGE UCHLA, P.S. BARARI, DISTRICT KATIHAR. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 6.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is apprehending his arrest in a case under Section 409 of the Indian Penal Code. The petitioner was entrusted with the work of construction. He was given a sum of Rs. 2,58,000/-. The work could not be done because his brother got sick and eventually died of cancer. The petitioner claims that he has deposited 1,51,000/- to the informant who is the Headmaster and he has got a receipt of that amount. At this point, the petitioner has to pay about Rs. 68,000/- back to the Headmaster. Learned counsel for the petitioner submits that he is willing to pay Rs. 68,000/- to the Headmaster within a period of one month. I accordingly direct that the petitioner should be released on anticipatory bail on payment of Rs. 68,000/- in the account of the school within a period of one month and submit the receipt in the Court below and then the Court below should release the petitioner on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Barari P.S. Case No. 143 of 2009 on furnishing bail bond 2 of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar subject to the conditions laid down under Section 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)