IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.154 of 2009 ---- Nagmani Choubey son of Shri Akhilesh Choubey, resident of Village Balapur, P.S. Karagahar, District-Rohtas. -- Petitioner Versus The State of Bihar -- Opposite party ---- 03. 24.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under Sections 406, 420, 467, 468 and 471 of the Indian Penal Code. Learned counsel for the petitioner submits that although allegation against the petitioner is with regard to defalcation due to which 36 female members were supposed to have been deprived of their earned money, but learned counsel for the petitioner submits that out of the said 36 female members only six female members were produced, but they denied the allegation against the petitioner which is apparent from paragraph 34 of the case diary. He further submits that although there is an allegation that the petitioner had drawn Rs.10,000.00 and had disbursed only Rs.2,000.00, but paragraph 39 of the case diary clearly shows that the prosecution has not produced any document before the investigating officer to support the said claim. He also avers that the petitioner is innocent and has been falsely implicated in the instant case. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy - 2 - of this order in the court below, petitioner, namely Nagmani Choubey, shall be released on bail on furnishing bail bonds of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sasaram (Rohtas) in connection with Dehri P.S.Case No.220 of 2008, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Sunil (S. N. Hussain, J.)