IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9876 of 2009 Faguni Yadav SON OF LATE Madan Yadav resident of village Jhikatia, P.S. Aurangabad (Mufasil), District Aurangabad Versus STATE OF BIHAR ----------- 02/ 10.08.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Sections 409, 420 of the Indian Penal Code and is alleged to have misappropriated a sum of Rs. 3,66,654.98 while serving as Manager of Pogar, Latta and Luka Pacs in the district of Aurangabad. Information to that effect was given to the informant, Branch Manager by the Auditors under letter No. 60 dated 12.3.2003, but the present case has been lodged on 8.11.2008 i.e. after more than five years from the date of the information given by the Auditors about misappropriation of the aforesaid amount. It is submitted on behalf of the petitioner that on account of delay in lodging the First Information Report, he should be admitted to the privilege of bail in the event of arrest. Let the petitioner above named surrender in the court below within four weeks from the date of receipt of this order in the court below and thereafter he be admitted to the privilege of bail on furnishing bail bond of 2 Rs. 5,000/- (Rs. Five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 172 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Arjun/ ( V.N. Sinha, J.)