IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11703 of 2010 VINAY KUMAR SINGH, S/o Late Shiv Nandan Prasad Singh, R/o Village-Pohiyar, P.S.-Desari, District- Vaishali. At present residing at House No. 261, Nehru Nagar, P.S.- Patliputra, Patna-13, District- Patna. …………. Petitioner Versus STATE OF BIHAR 3 13-07-2010 Petitioner is apprehending his arrest in connection with a case registered under sections 406,467, and 420 of the Indian Penal Code. Petitioner was a Deputy Managing Director of Bihar State Co-operative Land Development Bank Ltd., Patna and it is alleged that he misappropriated the amount to the tune of Rs. 49,38,716/-. it is submitted by the learned counsel for the petitioner that dissatisfied with the initial enquiry, a fresh enquiry was also held and in that the enquiry officer found due against the petitioner to the extent of Rs. 2,866/-. The same has been brought on record by way of Annexure-4. It is further submitted that petitioner has now retired and investigation is still continuing and the informant never supplied any document to the investigating agency. Learned counsel for the state submits that in Paragraph 45 of the case dairy, it has come that actually no defalcation has taken place and the second enquiry report which has been - 2 - brought on record as Annexure-4 has also been incorporated in paragraph 23 of the case diary. In view of the fact that the enquiry officer has not found any misappropriation of the amount and the investigating officer has also incorporated the same in the case diary. Investigation is still pending and petitioner has now retired, let petitioner above named, be released on anticipatory bail in the event of his arrest and/or surrender within a period of 12 weeks from today, on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 348/2006. Since investigation is pending hence as and when investigating agency will require the petitioner will make himself available. Sujit (Dinesh Kumar Singh,J).