IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26670 of 2009 RABINDRA SINGH @ RABINDRA PRASAD SINGH SON OF SRI FULENA PRASAD SINHA, BRANCH MANAGER, GRAMIN BANK BRANCH BANSOHI, P.S. MASHRAKH, DISTRICT SIWAN. Versus 1.STATE OF BIHAR 2.SHEOJEE PANDIT SON OF LATE MOTICHAN PANDIT RESIDENT OF VILLAGE DURGAULI, P.S. MASHRAKH, DISTRICT- SARAN ----------- 3 30.11.2009 Heard learned counsels for the petitioner, complainant and the State. The offence alleged is under sections 420, 467, 468, 471/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner was the Bank Manager, however at the material time he was on leave which would be appearing on perusal of the certificate with regard to grant of leave issued by the Head Officer of the Bank as contained in Annexure-3 from where it is evident that the petitioner was availing the earned leave between the period 22.06.2005 to 30.06.2005 and the alleged withdrawals were made in between the same, and as such, petitioner can not be held responsible in withdrawal of the aforesaid amount. Learned counsel for the complainant submits that the conduct of the petitioner who was the Branch Manager was very much suspicious as even after returning from the leave he did not take any concrete and appropriate step on receiving the complaint. However, he is not in position to say as to whether the complainant has filed any civil suit for recovery of the amount. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ashutosh Kumar, Judicial Magistrate, Saran at Chapra, in connection with Complaint Case No. 3143 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- (Shailesh Kumar Sinha,J.)