IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5000 of 2009 BANSHIDHAR SRIVASTAVA Versus STATE OF BIHAR W i t h Cr.Misc. No.397 of 2009 RAM SEWAK MAHTO Versus STATE OF BIHAR ----------- 2/ 20/05/2009 Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a police case under Sections- 409/34 of I.P.C. The submission of the petitioners before the court below was two-fold that payment of salary to the employees had been made through the bank, but only that the petitioners had not entered it in the ledgers. Therefore, no case of defalcation was made out. A prayer for anticipatory bail has been rejected on the ground that entries were not made in the ledger. There is no mention of the other submission of the petitioners that payment had, in fact, been made to the concerned employees through the bank of their salary. Having considered the facts and circumstances of the case, let the petitioners above named surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten 2 thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sasaram, district- Rohtas in Sasaram (Model) P.S. Case No.566 of 2008, subject to the conditions laid down under Section-438(2) Cr.P.C. KC ( Navin Sinha, J.)