IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.118 of 2009 ARUN KUMAR BHATTACHARYA, son of late Khagendra Lal Bhattacharya, resident of Mohalla-Dharam Mahal, Fuldungri, P.S.- Ghatshilla, East Singhbhoom(Jamshedpur), Jharkhand -------------------- -------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR ----------- 5. 21.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that in course of strike of non-gazetted employees, petitioner was duty bound to make the payment to the beneficiaries of the Indira Awas Yojna and Old Age Pension and that he performed also. Every paper was with the striking employees, so separate register was maintained and it is a case of advance awaiting adjustment and not defalcation of Government money. There is allegation regarding non-production of the register which was not possible due to retirement of the petitioner. However, petitioner is ready to face the trial but in any case his arrest at the moment cannot be justified. I agree with the submission of the learned counsel. Accordingly, in the event of arrest or surrender within one month from today in Pupri P.S. case no.118 of 2003, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Pupri , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )