IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35339 of 2011 Satish Kumar, S/O-Late Harishankar Prasad Versus The State Of Bihar ---------------------------------- 03 09.12.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Admittedly, petitioner was posted as Consolidation Officer at the relevant time and it is alleged that he along with other accused defalcated government money to the tune of Rs. 2,29,700/- Learned counsel for the petitioner submits that co- accused Sheikh Shamim Ahmad, the then Nazir of the concerned block has already been admitted to bail by this Court and similarly, one co-accused has also been released on bail by this Court after depositing the entire alleged defalcated amount. It would appear from perusal of the record that the alleged occurrence took place in the year 1989 and petitioner approached this Court twice for anticipatory bail but his prayer was twice rejected by this Court in the year 1989 and 1996 respectively but he did not surrender before the court below and later on, in the year 2011 he surrendered before the court below. Learned counsel for the petitioner submits that petitioner has already been retired from his service in the year 2004 and he is old and sick person. No doubt, the petitioner evaded his arrest since the year 1989 but admittedly, he worked on different posts of government office till the year 2004 but police did not take pain to 2 arrest the petitioner and apart from this, the investigation of this case is still pending against some co-accused persons. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Brahampur P.S. Case No. 119 of 1989 subject to condition that one of the sureties must be son of the petitioner. SHAHZAD ( Hemant Kumar Srivastava, J.)