IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40196 of 2008 BHAGWAN DAS S/o- Late Megha Ram R/o- Village Madhopur, P.S.- Maner, District - Patna Versus STATE OF BIHAR ----------- 2. 24.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offence under Section 409 of the Indian Penal Code. The allegation against the petitioner is to the effect that while he was working as Clerk in Sadar Hospital, Jehanabad with additional charge of Health Center between the period 06.01.2003 to 17.10.2007, he was entrusted with the work of keeping the accounts and the relevant registers. The allegation is that during the financial year 2003-2004 and 2004-2005 under the head of compensation, a sum of Rs. 32,780/- was given to him as advance. The same remained pending for adjustment as well as the relevant cash register etc. were not handed over. Besides the other records with regard to the other department, were also not handed over as detailed in the First Information Report. Learned counsel for the petitioner submits that the allegation against the petitioner is false. It would be evident on - 2 - perusal of Annexure-2, which specifies that the records were handed over by the Clerk on 06.03.2008. Besides the above, it is further submitted that a sum of Rs. 6,735/- was also deposited in the treasury as contained in Annexure-2 series itself. He further submits that informant has no knowledge and filed the case without verification. Learned counsel for the State opposes the prayer for bail in the light of the allegations made against the petitioner. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. Jagdish (Shailesh Kumar Sinha,J)