IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40833 of 2009 Priya Ranjan, S/o Damodar Lal Das, resident of Dilbarpur, P.S. Bahadurpur, District- Darbhanga. ………..Petitioner. Versus The State of Bihar ……………………….Opposite Party. ----------- 3. 16. 04. 2010. Heard Mr. Devendra Kumar Sinha, learned senior counsel appearing on behalf of the petitioner and Mr. D. Mehta, learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Saharsa Sadar P.S. Case No. 386/2009 dated 02. 08. 2009, registered under Sections 420, 467, 468, 471, 406, 409 and 120 B of the Indian Penal Code. According to the prosecution case, the petitioner was working as Customer Service Officer of Bajaj Allianz Life Insurance Company Ltd. at its Saharsa office. The petitioner and other co-accused persons are alleged to have defalcated an amount of Rs. 3, 61, 693/- which they had collected from the consumers of the said Company. Learned counsel appearing on behalf of petitioner submits that admittedly, petitioner along with other co-accused persons have already deposited Rs. 3,41, 993/- and this fact has been admitted in the F.I.R. vide Annexure-1 itself. It is further submitted that on the basis of investigation, whatever amount is found to have been defalcated by the accused persons, same shall be deposited by the petitioner, but the quantum of alleged defalcation has not been finalised as yet, since the investigation is still going on. 2 Learned counsel for the State has also pointed out that statement of several other consumers are required to be recorded by the Investigation Officer and only thereafter, quantum of defalcation could be determined and if the petitioner is prepared to deposit the balance amount of defalcation, then in that case his case may be considered favourably. In the aforesaid background, in the event of arrest/surrender within a period of four weeks from today, the petitioner, namely, Priya Ranjan, shall be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Saharsa Sadar P.S. Case No. 386/2009, till submission of the charge sheet in the present case, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. After close of investigation, if the amount of defalcation is determined and petitioner deposits the balance amount in the court below within a period of four weeks thereafter, then provisional anticipatory bail granted to the petitioner by this order shall be confirmed. However, if he does not deposit the balance amount, then he would be obliged to seek regular bail in the court below in accordance with law. m.p. ( Birendra Prasad Verma, J.)