IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33006 of 2008 RAM KUMAR SINGH son of Late Sadhu Saran Singh Resident of village- Keturi, P.S.- Gunja, District- Gaya Versus STATE OF BIHAR ----------- 5 19.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under sections 406, 409 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner who retired in April, 2007 from the post of Panchayat Secretary at the material time. The allegation against him is that he was entrusted with certain works against different schemes of the Government in the concerned Panchayat, however the same was not done satisfactorily. It is further submitted that the petitioner completed the work to the extent the money was receipted and in some of the scheme money was although disbursed but since the work could not be completed the money was returned back as would appear from the paying slip contained in Annexures- 2 &3. It is further submitted that at the time of retirement the petitioner had handed over all the relevant records and no objection was made at that time nor the work which is alleged to be not done satisfactorily was verified or - 2 - enquired by the technical experts. In the circumstances it is submitted that there is no offence of criminal breach of trust. Learned Addl. P.P. opposes the prayer for bail on behalf of the petitioner. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Amash P.S.Case No. 42 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)