IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1885 of 2010 Jyotish Thakur, Son of Gopal Thakur, Resident of Village Mania, P.S. Katoria, District Banka. At present, posted as Assistant P.H.C., Beldaur, P.S. Beldar, District Khagaria. -------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 2 22.2.2010 Heard learned counsel for the petitioner and counsel for the State. The prayer for anticipatory bail of the petitioner for an offence u/s 409 I.P.C. was rejected by an order dated 4.1.2010 by the learned Sessions Judge, Khagaria, by recording that:- “------ In the aforesaid facts and circumstances of the case, I do not see it a fit case for grant of an anticipatory bail. Accordingly, prayer for bail is rejected. However, in case of surrender the learned lower court will get the matter verified from the I.O. supported with document regarding discrepancy persisting on the record over quantum of differences whether it happens to be of Rs. 1,23,000/ or Rs. 30,500/- which the petitioner has already deposited and will pass proper order in accordance with law without being prejudiced by instant order of rejection.” The same defence in fact has been again reiterated by the petitioner in this 2 application by stating that the earlier defalcated amount of Rs. 1,23,000/- was found to be incorrect in the second audit and the amount was reduced to Rs. 30,500/- only which has already been deposited by the petitioner and therefore, he would be entitled for grant of anticipatory bail. The difficulty for the petitioner is that he is too obstinate person and would not go by the observations of the court. The apprehension of the petitioner that the Investigating Officer will not submit the report or the diary will not show his defence again has to be only noted for its being rejected. In that view of the matter, this Court would not allow the prayer of petitioner for grant of anticipatory bail, inasmuch as, a temporary embezzlement of public fund is as much an offence as a permanent embezzlement. This Court therefore would only reiterate the direction of the learned Sessions Judge that if it is found that that the amount of defalcation has been reduced to Rs. 30,500/- only and the same has already been deposited, 3 the petitioner will be entitled for grant of regular bail in accordance with law. However, it is made clear that this exercise must be completed within a period of two weeks from the date of surrender of the petitioner. With the aforesaid observation and direction this application is disposed of. Rsh (Mihir Kumar Jha, J.)