IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.21550 of 2010 BINAI KUMAR VERMA Versus STATE OF BIHAR ----------- 3/ 20.12.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner as Head Clerk-cum-Accountant is alleged for defalcation of Rs. 16,00,000/- and odd as he did not deposit the amount after realization. According to the learned counsel for the petitioner, this amount is really Rs. 11,00,000/- as per F.I.R. after calculation and he has accepted explanation for the same but he was never given any opportunity. He has already deposited Rs. 1,80,000/- and his subsistence allowance Rs. 1,55,000/- is with the department which he undertakes to be forfeited in the case defalcation is proved with further undertaking to deposit rest of the amount, if is adjudicated by the Court. Considering the facts and circumstances of the case, prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Begusarai Town P.S. Case No. 51 of 2010, above named petitioner 2 shall 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 C.J.M., Begusarai subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)