IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44324 of 2008 SHYAM KISHORE PRASAD, son of late Krishna Prasad Singh Resident of Mohalla Dahiyawa, Mohammad Chowk, P.S. Bhagwan Bazar, Dist. Saran at Chapra---------------------petitioner Versus THE STATE OF BIHAR-----------------------------opp.party ----------- 2. 18.12.2008 Heard. It has been alleged in the first information report that the petitioner, the then Station Master of Sitalpur, has defalcated a sum of Rs.38,686/- during the period between 15.2.2008 and 20.2.2008 and further a sum of Rs.22,486/- during the period between 25th and 26th December, 2007, aggregating to a total sum of Rs. 61,172/-. According to petitioner, he was on leave from 8.2.2008 to 27.2.2008. It is the contention of the petitioner that the allegation against the petitioner, prima facie, is not sustainable. Furthermore, the petitioner has been transferred from Sitalpur and, accordingly, cannot touch any of the evidences of defalcation lying at Sitalpur. Taking into account the factors, as above, the application of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on 2 furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, 1st Class, Sonepur, District Saran at Chapra, in connection with Sonepur Rail P.S.case no. 09 of 2008 subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Barin Ghosh,J.) spal/