IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.28256 of 2008 SHIV SHANKAR RAY Vrs. THE STATE OF BIHAR **** /2/ 11.08.2008 Heard the counsel for the petitioner and the State. 2. The allegation of defalcation amounting to rupees three lacs relates to financial year 2004-2005. The petitioner was posted as the District Horticulture Officer, at the relevant time, and the money was received by the petitioner for establishment of kela- palval nursery in three blocks of Samastipur. As per the allegation, money was not disbursed to the Mukhiyas of different Panchayats and it was not utilized for establishment of kela-palval nursery. Counsel for the petitioner submits that considering the report annexed as Annexure 2 series and the utility certificate issued by the District Agriculture Officer (Annexure 4), the allegation against the petitioner is non-existent. It has also been stated that the petitioner has now retired and after three years the case has been instituted. 3. Considering the facts, the prayer for anticipatory bail on behalf of the petitioner, Shiv Shankar Ray is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Samastipur Town P.S. Case No. 533 of 2007 to the satisfaction of the Chief Judicial Magistrate, Samastipur, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )