IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41078 of 2009 MD.SAJJAD son of Late Majid Ali, resident of Harna Buzurg, Police Station Rajaun, District- Banka….. Petitioner. Versus THE STATE OF BIHAR . ----------- 2. 01.12.2009. Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and counsel for the State. The prayer of the petitioner in this bail application pertaining to offence under Section 406 and 420/34 of the Indian Penal Code gets confined to part of allegation that the petitioner in capacity of Mukhiya was somewhere responsible in parting with the Government money without ensuring the completion of work. It has come in the impugned order that the payment made through the petitioner in a scheme of the year 1999-2000 was confined to Rs.19,600/- and therefore the liability of the petitioner in the total scheme of Rs.99,600/- cannot extend beyond that. Yesterday, when the matter was heard Mr. Pramod Kumar, learned counsel 2 for the petitioner on being asked as to whether the petitioner is prepared to deposit the said amount of Rs.19,600/- for its being retained by the court below till the conclusion of trial against the petitioner has today submitted that the petitioner would pay the said amount which may however be kept subject to the result of trial. Considering the aforementioned aspect of the matter as also the fact that the petitioner has got no criminal antecedent, this court direct for release of the petitioner namely Md. Sajjad on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Banka in connection with Rajaun P. S. Case No. 241 of 2007, subject to the conditions that one of the bailors must be either of the parents or wife of the petitioner. It is however made clear that 3 the petitioner would be released only after depositing of Rs.19,600/- which will be kept by the court in a Fixed Deposit in a nationalized bank or with the Post-Office and would be released in favour of the petitioner only if he is exonerated of the charge by way of clean acquittal. kanchan (Mihir Kumar Jha, J.)