IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46797 of 2008 PANKAJ KUMAR MANDAL SON OF PARMANAND MANDAL RESIDENT OF VILLAGE MALHARIYA,P.S.FALKA(POTHIYA),DISTRICT KATIHAR Versus STATE OF BIHAR ----------- 2/ 3.2.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a case which has been registered for offence under Section 409 of the Indian Penal Code. According to informant, Panchayat Sewak Arvind Kumar was agent of one scheme which was for repairing of three rooms of a middle school. He has taken advance of Rs.57,000/-. The allegation is that said Arvind Kumar in conspiracy with petitioner has defalcated the amount. Submission is that Arvind Kumar was the person who was given advance and he has completed the work to the extent of Rs.19,968/- and the rest advance amount i.e. Rs.37,032/- has been deposited in Government Account. So there is no defalcation. The petitioner, not being a public servant, is liable for prosecution. Further Submission is that the said Arvind Kumar has been granted bail by the Chief Judicial Magistrate itself. Considering the facts and circumstances of the case, this application is allowed. The above named petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he 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 2 satisfaction of Chief Judicial Magistrate, Katihar in Falka (Pothiuya) P.S.Case No. 109 of 2007 subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)