IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9569 of 2009 S.R.S.KRISHNAN Versus THE STATE OF BIHAR ---with--- Cr.Misc. No.15863 of 2009 B.N.SINGH @ BISHWANATH SINGH Versus THE STATE OF BIHAR ------ For the Petitioners : Mr. Krishna Prasad Singh, Sr. Advocate. Mr. Ashutosh Ranjan Pandey. For the O.P. : Mr. Chitranjan Sinha, Mr. Rajiv Ranjan Pd., Sr. Advocate. For the State : Mr. Gopesh Kumar.A.P.P. ------ 3/ 29.04.2009 Heard learned counsel for the parties. The defalcation by means of forged bills by the same family members is alleged against the petitioners. There is no doubt that civil and criminal liability at the same time can be leveled against anyone, but here petitioners have been alleged for misappropriating an amount of Rs. 50, 00,000/-. For the same, submission of the learned counsel for the petitioners is that Money Suit is also filed on behalf of the complainant for the amount including additional amounts rising to crores. While petitioner, S.R.S. Krishnan is claiming his retrial benefits, resignation of the petitioner and its acceptance is another controversy in between the parties. If the resignation can cast a doubt then its acceptance exonerates him from the blame. The real fact is that what is alleged, needs proved and where civil as well as criminal liabilities are alleged in my view, putting the petitioners behind the bar till decision is not proper. Considering the facts and circumstances of the case, the 2 prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Complaint Case No. 1162 of 2007 (Tr. No. 1723 of 2008 in Cr. Misc. No. 15863/2009), above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri B.K. Malviya, J.M., Ist Class, Rohtas at Sasaram subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)