IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8086 of 2010 DR. ARVIND KUMAR SINHA, son of late Ramji Prasad, Station Road, Surya Mills, Fatuha, P.S. – Fatuha, District – Patna. At present : Principal Ramji Prasad Ram Kumari Devi Ayurvedic Medical College, Fatuha-cum-Chairman, Bihar State Aryuvedic and Unani Medical Faculty, Patna K-52, Hanuman Nagar, Kankarbagh, Patna. ------------------- Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ------- For the petitioner : Mr. Ravi Kant Kumar, Adv. For the State : Mr. Md. Arif, APP. For the informant : Mr. Praveen Kr. Sinha, Adv. ****** 03. 19.05.2010 Heard learned counsel for the petitioner and State. The petitioner is named accused in connection with Patrakar Nagar Police Station Case No. 214 of 2009 for the offence under Section 420, 409 of the Indian Penal Code, carries allegation of defalcation of Rs. 7,52,996/- by way of different allowances and others not admissible to him. It is submitted that the petitioner has realized the money for which he was entitled to. It reveals from the materials placed that petitioner was directed to deposit the money so realized, but, instead of doing so, he submitted representation for re-audit on the basis that he has sufficient material to show that he has not realized unauthorized money. During the course of argument, learned counsel for the petitioner agrees to get the entire amount claimed deposit. Though, under protest subject to subsequent verification/audit while this order was being dictated, it was submitted that petitioner is not ready to pay the amount unless recounting is - 2 - made. Considering the huge amount allegedly defalcated during the relevant period, I do not find that this is a fit case, wherein privilege of anticipatory bail should be granted to the petitioner, unless he makes deposit of the amount so claimed even under protest. Subject to verification/audit and in case petitioner’s claim is proved true, he may get the amount refunded with due interest and if the petitioner’s claim is not found true, the concerned department may proceed in accordance with law. Considering the facts and circumstances of the case, in the event of arrest/surrender within four weeks from today and deposit of the amount so claimed. In the light of above observation, let the petitioner namely, Dr. Arvind Kumar Sinha, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Patrakar Nagar P.S. Case No. 214 of 2009. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code. Rajeev/ (Akhilesh Chandra, J.)