IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15131 of 2011 BALESHWAR MAHTO Versus THE STATE OF BIHAR ----------- 02 23.05.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 26.02.2011. It is alleged that at the relevant time petitioner was working as depot superintendent and when the audit came, it was detected that Rs.18,206/- had been defalcated by the employees of the concerned department. It appears from the first information report itself, that petitioner committed irregularity and taking the advantage of aforesaid irregularity some other employees misappropriated the amount in question. Moreover, other accused have already been granted privilege of bail. No doubt, it is a case of the year 1999 and petitioner surrendered before the court on 26.02.2011 but as per submission of learned counsel for the petitioner, the petitioner has already retired from the service and the amount in question has already been deposited by the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ram Jha, Judicial Magistrate, 1st Class, Madhubani in connection with Madhubani Town P.S. Case No. 341 of 1999 subject to condition that one of the sureties must be close relative of the petitioner. Shahzad ( Hemant Kumar Srivastava, J.)