IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45215 of 2008 ASHOK KUMAR DAS @ ASHOK LAL DAS Versus THE STATE OF BIHAR ----------- 2/ 25/11/2008. Heard learned counsel for the petitioner and learned counsel for the State as also for the informant. The petitioner apprehends arrest in a police case under Sections- 406, 409 and 384/34 of I.P.C. The allegations are of alleged embezzlement of a sum of Rs.1,47,056/- in between the period 2002-2006 as the Manager of the Khadi Gramodyog. The defence is of denial of the allegations and a final form submitted by the police after investigation. It is further submitted that the petitioner is willing to deposit the amount in question under protest subject to the result of the case. Learned counsel for the informant points out that the discrepancy was discovered through Audit considering all of which the petitioner has been dismissed from service, in accordance with law. He is stated to have filed a civil suit with regard to the same. In the given nature of the allegations of defalcation of Government money, the fact that the petitioner may be willing to deposit the amount in question under protest does not persuade this Court to - 2 - grant him the privilege of anticipatory bail. That is an aspect to be appropriately considered in any application for regular bail on his behalf, without being prejudiced by the present order. The application is rejected. KC ( Navin Sinha, J )