IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32021 of 2008 KANHAIYA DAYAL Versus STATE OF BIHAR ----------- 2. 22.8.2008 Heard. The allegation is that the petitioner while acting the Nazir of Tekari block, received four cheques as per details in the typed report totaling up to Rs.11,82,706/- and did not make the entries of those cheques and the amount thereof into the receipt part of the cash book and as such committed misappropriation of money. The specific allegation is that the petitioner had misappropriate the money. The contention is that the cheques were issued admittedly from the DRDA in favour of the B.D.O.,Tekari and those were put into the account of the said officer and a false FIR was lodged after about two years of the receipt of the cheques. The next contention was that the allegation is false could be appreciated from the report submitted by the S.D.O., Tekari who was entrusted the enquiry and reported that there was no irregularity and that no case for lodging the FIR was made out. Regard being had to the facts of the - 2 - case, contentions and the relevant record, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Tekari P.S.Case no.69 of 2004. B.Kr. ( Dharnidhar Jha, J. )