IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2224 of 2009 VIJAY KUMAR SRIVASTAVA, Son of Sheo Shankar Prasad, Resident of Village- Azad Nagar, P.S.- Town Motihari, District- East Champaran :---- Petitioner. Versus STATE OF BIHAR:-------Opposite Party ----------- 2. 05.03.2009. Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offences under Sections 403, 408, 420 and 379 of the Penal Code. He is alleged to have defalcated about 10 lac rupees of the Advocate’s Welfare Trustee Committee, Motihari. It is submitted on his behalf that under the rules it is the duty of the Secretary to collect the amount and deposit the same in the bank. Petitioner is never responsible for collecting the amount and could not be made accused in this case. Such submission has been noticed only for being rejected as it is well known that it is the clerk who collects the amount and thereafter deposits the same under authority of the Secretary. In the circumstances, this application is rejected with direction to the petitioner to surrender in the court below (C.J.M., East Champaran at Motihari) within four weeks from today in connection with Motihari Town P.S. Case No. 341 of 2001 and apply for regular bail, which should be considered and disposed of by the court below in accordance with law. P.K.P. (V.N.Sinha,J.)