IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8831 of 2008 RATAN LAL DAS Versus STATE OF BIHAR & ANR ----------- 2 13.5.2008 Heard learned counsel for the petitioner and learned A.P.P. for the State. The petitioner seeks anticipatory bail in a complaint case under sections 409,420 and 120B of the Indian Penal Code. The allegation in the complaint petition is that the employees of Punjab National Bank registered a cooperative society in Katihar. The petitioner being an employee of the Punjab National Bank conspired with others and misappropriated the money deposited members of the public. Learned counsel for the petitioner submits that the petitioner being a peon /Daftari in Punjab National Bank at Katihar was a mere member of the cooperative society and he had no concern with the management of the said cooperative society. Thus if any misappropriation has been committed, the petitioner being a mere member is not answerable. He further submitted that even prior to lodging of the complaint case, the petitioner had ceased to be a member of the cooperative society. He further submits that some of the similarly situated co-accused have been granted bail by this court which are mentioned in paragraph Nos. 7 and 8 of the application. He also produces copy of the order dated 14.5.2007 passed in Cr. Misc.no.18398 of 2007. On a consideration of the facts and circumstances of the case and further considering that similarly situated co- accused have been granted bail, it is directed that in the event of arrest/surrender in the court below within four weeks from today, the petitioner( Ratan Lal Das) shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K. Rajak, Judicial Magistrate, Ist Class, Katihar in Complaint Case no.561 of 2005 subject to the applicable conditions as laid down under section 438(2) Cr.P.C. shahid (Ramesh Kumar Datta, J)