IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26114 of 2009 DHARMANATH PRASAD Son of Late Saral Prasad Resident of Village-Indauli, P.S. Maharajganj, District- Siwan. Versus STATE OF BIHAR ----------- 2 2/9/2009 Heard counsel for the petitioner and counsel for the State. All said and done, allegation against the petitioner is confined to swindling away public fund of Rs. 43,000/- approximately. Counsel for the petitioner would submit that the petitioner is prepared to pay the aforementioned amount subject to result of the trial. That being so, this Court would direct for release of the petitioner, namely, Dharmanath Prasad on provisional bail on payment of Rs. 22,000/- for a period of two months and the remaining amount of Rs. 21,000/- shall be deposited by the petitioner within a period of two months, whereafter provisional bail of the petitioner will be confirmed. Such amount of Rs. 43,000/- shall be deposited by the court below in a fixed deposit in a nationalized bank or in the post office and will be in custody of the court till conclusion of the trial against the petitioner and refund thereof will be given to the petitioner only if he is acquitted of the charge against him in the pending trial. Accordingly, the petitioner, namely, Dharmanath Prasad is directed to be released initially on provisional bail for a 2 period of two months on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Maharajganj P.S. Case No. 7 of 2007, and depositing Rs. 22,000/- in cash and such provisional bail shall be confirmed if the petitioner would deposit the balance amount of Rs. 21,000/- in the intervening two months. Abhay Kumar (Mihir Kumar Jha, J.)