IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35403 of 2008 KAMALDEO NARAIN SHRIVASTAVA Versus STATE OF BIHAR ----------- 2. 9.9.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Town P.S. Case No.646/92 for the alleged offences registered under section 409 of the Indian Penal Code. The allegation against the petitioner is to the effect that he while working as Bench Clerk in the court of the Assistant Sessions Judge, Muzaffarpur, was alleged to have misplaced a large number of records of Sessions Trial as mentioned in the F.I.R. It is submitted on behalf of the petitioner that later on, the petitioner had handed over most of the records vide Annexure 3 to this application. It is further submitted that for the aforesaid lapses, the petitioner was departmentally proceeded and ultimately he was dismissed from service. Against his dismissal order, the appeal is also pending in this Court. It is further submitted that the 2 petitioner is now aged about 75 years and is suffering from several diseases. The learned APP submits that the nature of allegation against the petitioner is very serious. Considering the submissions of the parties and the advanced age of the petitioner, it is directed that the petitioner above named, in the event of his arrest or surrender in connection with Town P.S. Case No.646/92, within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)