IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36828 of 2008 ASARFI MOCHI Versus STATE OF BIHAR ----------- 06. 06.04.2009 Heard Mr. Rajeeva Roy in support of the application, Mr. Uday Chandra Prasad in opposition and the learned counsel for the State. Petitioner seeks anticipatory bail in a case instituted under Sections 406,409,467,468,420 and 477A/34 of the Penal Code. The date of F.I.R. in the present case is 01.05.2003. Petitioner who during the relevant time was working as Branch Manager of the Gramin Bank has not been named in the F.I.R. A perusal of the F.I.R. indicates criminal conspiracy and criminal breach of trust in respect of huge amount of money which was/were realized on different accounts from the members of the PACS by the employees/office bearers of PACS. Learned counsel for the petitioner submits that in course of investigation nothing substantial has come against him. Records indicate that supplementary charge sheet was filed against some of the accuseds, but, so far as the present petitioner is concerned, the matter is still under investigation. It has further been submitted that although the case was lodged in the year 2003, but, very recently in the month of 2008 warrant of arrest was issued against him and hence the apprehension. Considering the facts and circumstances of the case, this court is inclined to grant the petitioner the privilege of anticipatory - 2 - bail which shall be confined only for the period the matter is under investigation. No sooner the charge-sheet/final form is submitted the present order granting him bail shall cease and the petitioner shall be at liberty to apply afresh for grant of bail. In the event of his arrest or surrender within four weeks from today before the court below, let the petitioner, namely, Asarfi Mochi be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Muffasil P. S. Case No. 111/2003, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This court once again clarifies that this privilege of bail granted to the petitioner shall be effective only during the investigation of the case. ( Sym) ( Kishore K. Mandal, J.)