IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10267 of 2009 PRAMESHWAR SINGH, SON OF LATE RAMAUTAR SINGH, RESIDENT OF VILLAGE DOSTPUR, P.S. BATHNAHAN, DISTRICT SITAMARHI ……..PETITIONER. Versus THE STATE OF BIHAR ………..OPPOSITE PARTY. ----------- 2. 11.6.2009 Counsel for the Sitamarhi Central Co-operative Bank Limited has filed Vakalatnama, which is taken on record. Heard learned Counsel for the petitioner and the Counsel for the Bank. Petitioner, who retired on 31.3.2008 as Branch Manager of Bairgania Branch of Sitamarhi Central Co-operative Bank Limited, is apprehending his arrest in connection with a case registered for the offence under Sections 420, 406 and other allied Sections of the Penal Code. It is submitted on his behalf that if the allegation as set out in the report of the succeeding Branch Manager dated 11.8.2008 is examined in the light of the instructions of the Bank as contained in letter dated 11.8.2006 (Annexure 2), 10.10.2007 (Annexure 3) and the extracts of the loan register (Annexure 4) as also other documents, then the allegations set out in the report shall appear to be nonest. In the circumstances, prayer for anticipatory bail of petitioner Prameshwar Singh is disposed of with direction to the petitioner to surrender before the court below (Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S.case No.101 of 2008) within four weeks from today and apply for 2 regular bail, which should be considered in the light of the aforesaid documents and if the C.J.M., Sitamarhi is satisfied that the allegation made in the report is prima facie incorrect, he should release the petitioner on bail failing which he shall pass orders in accordance with law. The necessary verification in the light of this order be made by the C.J.M. Sitamarhi as early as possible in any case preferably within three months from the date of receipt/production of a copy of this order. While verifying the allegations made in the report, the C.J.M. shall also allow due indulgence to the Counsel for the Bank to produce necessary documents. Until such verification no coercive step shall be taken against the petitioner. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Narendra/ ( V. N. Sinha, J. )