IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21540 of 2010 MD.MASIHA Versus THE STATE OF BIHAR ----------- 2. 13.07.2010 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in complaint case No. 752 of 2007 in which cognizance has been taken under Sections 420, 406, 476, 468 of the Indian Penal Code. It is alleged that the complainant deposited Rs.50,000/- for seven years with Sabaya PACS and at the relevant time petitioner was the Manager. It is alleged that the petitioner has not deposited the amount and misappropriating the same. It is submitted by the learned counsel for the petitioner that the petitioner was the manager and the money was actually deposited by the complainant but since the deposited money has been disbursed by way of loan to the farmers and subsequently, the Government waived the farmer’s loan and the fresh allotment of money has not come from the Government, resulted in non-payment of complainant’s money. Learned counsel for the petitioner has brought on record the letter of the PACS - 2 - Chairman dated 30.3.2010 as contained in Annexure-3 to the effect that the money of the complainant is recorded to be deposited in the records. The petitioner further submits that after 2007, petitioner has joined a different job of teacher, hence he is unable to pursue the payment of the complainant. In view of the fact that the alleged amount is actually lying with some Sabaya PACS, let the petitioner namely, Md. Masiha, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Bagaha, West Champaran, in connection with T.R. No. 3238 of 2009 Complaint Case No. 752 of 2007. However, this order will not affect the right of complainant to pursue his claim with the present authorities of Sabaya PACS. S.S. (Dinesh Kumar Singh, J.)