IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1939 of 2011 UDAY KUMAR S/O LATE SHEOBALAK THAKUR R/O VILLAGE DHANGSINGARA, PS- KHIJARSARAI, DISTT- GAYA AT PRESENT POSTED AS NAZIR, COLLECTORATE, JEHANABAD-PETITIONER Versus THE STATE OF BIHAR-----------------OPPOSITE PARTY ----------- 2 9.3.2011 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner was taken in custody on 4.8.2010 when Jehanabad P.S. Case No. 461 of 2010 was registered under sections 409 and 120 of the Indian Penal Code. The brief facts of the case are that the petitioner who was a Nazir of Jehanabad Collectorate was assigned a duty to deposit Rs. 3,00000/- in the Punjab National Bank but he misappropriated the said amount by making out a false story that the money was looted away on the way to the Bank. On investigation the story of loot was found to be false and petitioner was made an accused. It was also the case that Rs. 93,000/- were recovered from the rented house of the petitioner. Learned counsel for the petitioner submits that thereafter he has deposited a sum of Rs. 94,500/- with the Punjab National Bank in the name of District Magistrate-cum-Chairman, Barabar Kala & Sanskritik Vikash Parishad, Jehanabad on 21.12.2010. Photo copy of the receipt has been annexed as annexure-3. Let the petitioner, namely, Uday Kumar be enlarged on bail on furnishing bail bond of Rs. 20,000/- with two - 2 - sureties of the like amount each to the satisfaction of Sri Afzal Alam, Judicial Magistrate, 1st class, Jehanabad in connection with Jehanabad P.S. Case No. 461 of 2010 (Trial No. 3500 of 2010). One surety to be executed by the wife of the petitioner on due identification and other by close relation on due verification as to the relationship. In addition to that the court below will verify the authenticity of annexure-3 which is the deposit receipt before enlarging the petitioner on bail. Petitioner will cooperate with the trial, not interfere with the administration of justice and will appear on each and every date either by himself or through his counsel with a view to expedite the trial of the case. RPS (Ajay Kumar Tripathi,J.)