IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10641 of 2009 SURENDRA NATH GUPTA, son of Late Harihar Prasad, Resident of Village- Dighwara, Police Station-Dighwara, District- Saran …………………………………Petitioner. Versus The State of Bihar …………………………..Opposite Party. With Cr.Misc. No.12418 of 2009 KAMLESHWARI SINGH @ KAMLESHWARI PRASAD SINGH, son of Ram Prasad Singh, Resident of Village-Haripur, Police Station-Raghopur, District-Supaul …….Petitioner. Versus The State of Bihar . ……………………….....Opposite Party. ----------- 2. 19.5.2009. Counsel for the Complainant has filed Vakalatnama which is taken on the record. Heard the counsel for the parties. Petitioners in the aforesaid two applications are the Branch Manager and Panchayat Secretary and they are apprehending their arrest in connection with a case registered for the offence under Sections 406, 409, 420, 467, 468, 471, 120(B)/34 of the Penal Code. They are named in the First Information Report. Petitioner Kamleshwari Singh @ Kamleshwari Prasad Singh in (Cr. Misc. No. 12418 of 2009) is alleged to have issued forged death certificate dated 18.3.2006 on the basis of which petitioner Surendra Nath Gupta in (Cr. Misc. No. 10641 of 2009) acted upon and allowed transfer of Rs. 3,67,000/- and odd in favour of Kanhaiya Lal Agarwal, the grand son of the original Account holder Moti Lal Agarwal. It is submitted on behalf of the petitioners that original Account holder Moti Lal Agarwal vide instruction 2 dated 29.4.2005 asked the Bank to permit drawal of the aforesaid amount by his grand son. There is no dispute about the death of aforesaid Motilal Agrawal on 18.3.2006 and transfer of the amount in favour of the grand son Kanhaiyalal Agrawal. Without going into the correctness or otherwise of the submission as till date no charge sheet has been submitted, petitioners are directed to surrender in the court below thereafter they (Surendra Nath Gupta and Kamleshwari Singh @ Kamleshwari Prasad Singh) until submission of charge sheet be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Five Thousand) each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Birpur, Supaul in connection with Raghopur P.S. Case No. 125 of 2008, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. However, it will be open to the petitioners to apply for bail in the event of arrest if the charge sheet is submitted against them. Let this order be communicated to the S.D.J.M., Birpur, Supaul in connection with Raghopur P.S. Case No. 125 of 2008 through fax on payment of usual charges by the petitioners. U.K. (V.N.Sinha,J)