IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27588 of 2010 MOD NARAIN JHA @ PRAMOD NARAIN JHA Versus THE STATE OF BIHAR ----------- 2 6.10.2010 Heard learned counsel for the parties. Petitioner is named accused in this eleven years old case being posted as Executive Engineer,P.W.D. (Building), Bhojpur at Ara –cum-Buxar, at the relevant time carries allegation that from record room rupees was released to the Department headed by him but work done could be only for Rs.4,39,940/-. Inspite of several reminders remaining Rs.93,560/- could not be deposited/refunded. Police after investigation initially submitted final form stating the case of mistake of fact perhaps on basis of passing over the amount at different intervals through different cheques by the petitioner to the Assistant Engineer who subsequently appears deposited Rs.93,560/- through cheque dated 28.9.2000 issued in favour of releasing authority, the Collector, Buxar. But it further appears that police sought permission to further investigation of the case and petitioner apprehends his arrest. Considering the facts and circumstances of the 2 case, on submitting copies of all such records filed here, in the event of his arrest/ surrender before the court below within four weeks of receipt of the copy of this order, petitioner, Mod Narain Jha@ Pramod Narain Jha, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in Buxar (Town) P.S.Case No.270/99 corresponding to G.R. No.1417/99 subject to the conditions as laid down under section 438(2) Cr.P.C. as well as subject to verification with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case whichever is earlier, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Anilkr.sinha (Akhilesh Chandra,J.)