IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13220 of 2011 MD. MAHTAB ALAM S/O LATE SHARIFUDDIN Versus THE STATE OF BIHAR ----------- 2 10.05.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 409 of the Indian Penal Code. The accusation against the petitioner is that being Panchayat Secretary he fail to hand over the cash book, bank account and other documents. A statement has been made in para 5 of the petition that the petitioner after handing over the charge was being relieved by the Controlling Officer. Considering the accusation, I find that the matter could have shorted out departmentally. Let the D.D.C., Katihar enquired that under what circumstances the informant lodged this criminal prosecution and make 2 verification about handing over the charge including whether the informant took appropriate orders for lodging of the present case and after conducting the proper enquiry take necessary action against the petitioner and the informant also. It is further submitted that the petitioner has been put under suspension and is facing departmental proceeding for the same charges. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar, in connection with Amdabad P.S. Case No. 45 of 2009 ,subject to the conditions as laid 3 down under Section 438(2) Cr.P.C. Safik (Dinesh Kumar Singh, J.)