IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11903 of 2011 SUNIL KUMAR AGRAWAL Versus THE STATE OF BIHAR 3 14-07-2011 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is languishing in jail custody since 20.12.2010 in a case registered under sections-406, 420, 408, 409/34 of the Indian Penal Code on the allegation that being Chief Manager of Finance Department of Ideal Dealers Pvt. Ltd. he misappropriated huge amount of the above-said company misusing his official position. The contention of learned counsel for the petitioner is that the petitioner was entrusted by the aforesaid company with the work of land development. He was not authorized to collect money from the customers of the company. It is further contended by him that in course of investigation, the I.O. recorded at paragraph-27 of the case diary that the petitioner had taken installments of Nasir and Shailesh Kumar and also issued original receipt to them but he did not deposit the aforesaid amount in the account of the company. The further contention of learned counsel for the petitioner is that the statement of aforesaid, Nasir and Shailesh Kumar has not been recorded by the I.O. and it is not clear as to how either the informant or the I.O. came in possession of the aforesaid original receipt wherein according to paragraph-27 of the case - 2 - diary, the aforesaid receipts were in possession of above said customers. Learned counsel appearing for the informant opposes the prayer submitting that it is a case of embezzlement of huge amount and the trial is in full swing, so the petitioner does not deserve the privilege of bail. Taking into consideration the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Sunil Kumar Agrawal be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sadar P.S. Case No. 352 of 2010 to the satisfaction of Chief Judicial Magistrate, Muzaffarpur subject to condition that the petitioner shall attend the court on each and every date in person for a period of nine months and if he fails to do so on three consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. AKV/- (Hemant Kumar Srivastava,J.)