IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52246 of 2008 SHASHI BHUSHAN KISHORE, son of Late Umeshwar Prasad Singh, resident of village- Jihuli, P.S.- Patahi, District- East Champaran at present posted as Accountant, State Bank of India, Areraj Branch ….. Petitioner Versus THE STATE OF BIHAR …..Opp. Party ----------- 02 11.02.2009 Heard the learned counsel for the petitioner, learned counsel appearing on behalf of the State and informant. The petitioner is an accused in a case under Sections 420, 467, 468, 471, 504 and 506 of the Indian Penal Code. The F.I.R. has been instituted by a retired teacher who alleges that Rs. 4, 50,000/- has been withdrawn from his Account on 4.3.2008, 6.3.2008 and 11.3.2008 respectively. The allegation is against the Cashier of the Bank Manager. Learned counsel for the petitioner submits that the Bank Manager had also filed a Complaint Case against the informant in which he has stated that he had personally handed over Rs. 2, 00000/- to the petitioner and the Cashier had handed over Rs. 1, 50,000/- to the petitioner. It has also been submitted that the Bank Manager has deposited Rs. 4, 50,000/- in the Accounts of the petitioner in order to restore good faith in the running of the Bank. Learned counsel for the informant on the other hand, submits that the case diary reveals that the signature of the informant has been verified in Calcutta and it has been found that the signature of the informant has been forged by one or the other employees of the - 2 - Bank. I have not personally examined that report which is in the case diary. However, in this case, I find that the petitioner who is the Accountant of the Bank has no direct role to play in the withdrawal of the money and in fact, the alleged defalcated amount has already been deposited in the informant’s Account. In view of the aforesaid submissions, the petitioner, namely, Shashi Bhushan Kishore, in the event of his arrest/surrender in the court below within six weeks from today is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Govindganj P.S. Case No. 43 of 2008. P.K. (Sheema Ali Khan, J.)