IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16301 of 2010 ANIL KUMAR SHRIVASTAVA, S/O- SRI NIRSHU NARAYAN SHRIVASTAVA, AREA EDUCATION OFFICER, BIKRAMGANJ, ROHTAS-CUM-SUB- DIVISIONAL EDUCATION OFFICER-CUM-M.D.M. IN-CHARGE, ROHTAS AT SASARAM Versus STATE OF BIHAR ----------- 3. 09.06.2010. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offences under Sections 420, 409, 471, 467 and 120B of the Penal Code. He is alleged to have misappropriated a sum of Rs. 14 lacs and odd by issuing a cheque in connivance with others named in the First Information Report, namely, Santosh Kumar and Birendra Pal. It is submitted on behalf of the petitioner that the cheque in-question was never issued by him as the cheques which was given to the Sub-Divisional Officer, Sasaram is still kept in his office but accused of Sasaram P.S.Case No. 246 dated 02.04.2009, Annexure-3 by filing an application before the Bank obtained another cheque-book for use by the Sub-Divisional Officer and having obtained the said cheque the accused of Sasaram P.S.Case No. 246 dated 02.04.2009, Annexure-3 have withdrawn the amount of Rs. 14 lacs and odd forging the signature of the petitioner and highlighting the aforesaid aspect of the matter Sasaram P.S.Case No. 246 dated 02.04.2009 was filed by the petitioner whereafter only to create a defence present case i.e. Sasaram P.S.Case No. 272 dated 18.4.2009 has been filed by the Bank Manager against the petitioner and others. It is also submitted on behalf of the petitioner that investigation in Sasaram P.S.Case No. 246 dated 02.04.2009, Annexure-3 is still not concluded and in the event - 2 - the allegations made in the earlier case i.e. Sasaram P.S.Case No. 246 dated 02.04.2009, Annexure-3 is found to be true then petitioner has to be admitted to the privilege of bail. Until conclusion of the investigation of Sasaram P.S.Case No. 246 dated 02.04.2009, Annexure-3 no coercive steps be taken against the petitioner, named above, in connection with Sasaram Town P.S.Case No. 272 of 2009 and with this direction this application is disposed of but it is made clear that if Final Form is submitted in Sasaram P.S.Case No. 246 dated 02.04.2009, Annexure- 3, petitioner shall appear in Sasaram Town P.S.Case No. 272 of 2009 dated 18.04.2009 and apply for regular bail. P.K.P. (V.N.Sinha,J.)