IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15312 of 2010 BECHU KUMAR BAITHA, SON OF DASHRATH BAITHA, RESIDENT OF VILLAGE- MUSHAHARWA, POLICE STATION- SATHI, DISTRICT- WEST CHAMPARAN Versus THE STATE OF BIHAR with Cr.Misc. No.19960 of 2010 1. KEDAR PRASAD MAHATO, SUB-POST MASTER, BAGAHA, SON OF LATE BHAGIRATH MAHATO, RESIDENT OF VILLAGE- BHARTHAPUR, POLICE STATION- LAURIA, DISTRICT- WEST CHAMPARAN 2. SHAMBHU NATH DUBEY, SUB POST MASTER, NARAIPUR, SON OF LATE SHIV PUJAN DUBEY, RESIDENT OF VILLAGE- SITAPUR, POLICE STATION- LAURIA, DISTRICT- WEST CHAMPARAN Versus STATE OF BIHAR ----------- 3. 07.06.2010. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with Bettiah Town P.S.Case No. 399 of 2009 dated 20.12.2009 registered for the offences under Sections 420, 467, 468, 471/34 of the Penal Code on the basis of the written report of the District Welfare Officer. They are named in the First Information Report. Petitioner Bechu Kumar Baitha is said to be the recipient of the scholarship amount and is alleged to have changed the name of the recipient from his own to Satish Kumar Gupta as also of interpolating the amount which is to be paid as scholarship by Rs. 30,000/-. It is submitted on behalf of petitioner Bechu Kumar Baitha that he had no occasion to interpolate either the name of the beneficiary or the amount of the cheque as he never came in possession of the cheque. As petitioner Bechu Kumar Baitha had no occasion to handle the cheque together with the covering letter, he is directed to surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and in the - 2 - event of his so surrendering he be admitted to the privilege of bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, District- West Champaran in connection with Bettiah Town P.S.Case No. 399 of 2009, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Petitioners in Cr. Misc. No. 19960 of 2010 are Sub-Post Master who having received the interpolated cheque did not return the same to the issuing authority and forwarded the same to the Post Master, Bettiah for payment. Such fact is evident from the written report itself. In the circumstances prayer of the petitioners of Cr. Misc. No. 19960 of 2010 for grant of bail in the event of arrest is rejected with direction to surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and apply for regular bail. P.K.P. (V.N.Sinha,J.)