IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38365 of 2009 ROHITESHAW KUMAR SINGH Versus STATE OF BIHAR ----------- 3 5.4.2010 Heard Mr. Ashok Kumar Sinha, learned senior counsel appearing for the petitioner and Mrs. Pushpa Sinha, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Mahua P.S. case No. 106of 2008 dated 2.4.2008 registered under sections 420 and 409 of the Indian Penal Code According to the prosecution case petitioner was Incharge of Manager of F.C. I. Godown, Mahua in the district of Vaishali at Hajipur. He is alleged to have defalcated a sum of Rs. 7,97,125.89p being the price of food grains. Learned counsel for the petitioner, though has disputed the allegation against the petitioner, has taken a very fair stand that his client would deposit the entire defalcated amount in the court below provided that it may not be treated as admission of guilt in the case during the course of trial. Learned counsel for the State has also fairly stated that if the petitioner deposits the entire defalcated amount then he may be extended the privilege of anticipatory bail. It was stated by learned counsel for the petitioner that his client may have to dispose of certain properties, and that may take some time. Therefore, for a period of eight weeks he may be granted some interim protection. - 2 - In that view of the matter, for a period of eight weeks, no coercive steps shall be taken against the above named petitioner in the above noted case pending the court of C.J.M, Vaishali at Hajipur. The petitioner is directed to deposit the alleged defalcated amount of Rs. 7,97,125.89p in the court below within a period of eight weeks from today and if such an amount is deposited in the court below , then in the event of his arrest or surrender, in the court below within the same period , the above named petitioner be enlarged on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of like amount each to the satisfaction of C.J.M, Vaishali at Hajipur in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman