IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21467 of 2009 MADHUKAR KUMAR SINHA Versus STATE OF BIHAR ----------- 3 25.8.2009 Heard the learned Counsel for the petitioner and the learned Counsel for the State. Counsel for the petitioner submits that a case has been instituted against him in connection with defalcation of Rs. 4,89,827/- as 150 Metric tone of Bitumen was not delivered at Khagaria lifted from Haldia by Atul Chandra Paul, a contractor deputed by the petitioner. Petitioner‘s case is that after sixteen years of the occurrence which took place in the year 1990 Gogri (Maheshkhunt) P.S. case No. 216 of 2006 has been registered. Except the allegation that Atul Chandra Paul was deputed by the petitioner for lifting Bitumen to carry and deliver at Khagaria, no evidence has been collected against him till date. Considering the fact that almost after completion of the investigation a fresh case has been instituted against the petitioner and whatever evidence is to be collected that have already been collected, prayer for anticipatory bail is allowed. Let the petitioner, above named surrender before the Chief Judiciail Magistrate, Khagaria within four weeks from today, when he shall be - 2 - enlarged on anticipatory bail on furnishing bail bonds of Rs.10,000/-(TEN THOUSAND) with two sureties of the like amount each to the satisfaction of the aforementioned Court in connection with Gogri (Maheshkhunt) P.S. case N0. 216 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. However, petitioner will fully cooperate in the case if the assistance is needed by the Investigating Officer. (Mridula Mishra, J.) A.Kumar