IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11446 of 2011 KAMAL NARAYAN SHARMA Versus THE STATE OF BIHAR ----------- 3. 09.05.2011 Heard learned counsel for the petitioner and the State. The petitioner being Junior Engineer is apprehending his arrest in a case registered under Sections 467, 471, 406, 409 and 420 of the Indian Penal Code. It is alleged against the Junior Engineer, Mukhiya and Panchayat Secretary to have defalcated the money of Rs. 3, 50,000/- of Narega Scheme. It is submitted by learned counsel for the petitioner that the petitioner was not authorized to withdraw the amount or to make payments. The petitioner’s job was only to supervise and make the measurement under the scheme. It appears that withdrawal of an excess amount of Rs. 1,77,154/- was traced by the investigating agency. However, it is submitted that the calculation has not been properly made. It is further submitted that Panchayat Secretary has been granted Regular bail on deposit of 1/3rd of the alleged amount. Let the petitioner deposit Rs. 25,000/- before learned Court below which will be invested in 2 some fixed deposit scheme which will be subject to the result of the case. Considering the aforesaid facts, that some charge sheeted persons have been granted bail and the investigation is still pending against the petitioner, let the petitioner namely, Kamal Narayan Sharma in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Raj Nagar P.S. Case No. 113 of 2009, corresponding to G. R. No. 1200 of 2009, subject to the condition as laid down under Section 438 (2) Cr.P.C. Anand Kr. ( Dinesh Kumar Singh, J.)