IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24614 of 2009 MAHANTH TRIPATHY Versus The STATE OF BIHAR ------ 2/ 07.08.2009 Heard learned counsel for the petitioner and learned counsel for the State. One of the allegations which can be said non-bailable is that petitioner is working in capacity of Principal basing a letter issued by the University, which according to the learned counsel was validly issued by the University’s authority, there is some dispute in between the petitioner and complainant’s daughter-in-law who was not eligible for the post. Next one is making payment to one Bibhuti Nath Jha but that was payment of the salary. If the payment was illegal then also there is no mens rea to have any benefit from the payment. Considering the facts and circumstances of the case, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Complaint Case No. C-1304 of 2007, above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Sadar, Sitamarhi subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)