In the High Court of Judicature at Patna Cr. Misc. No. 20031 of 2010 Hari Nandan Mandal……………Petitioner Versus The State of Bihar………………Opposite Party ---------- For the Petitioner: Mr. Shakil Ahmed Khan,Sr. Advocate For the State: Mr. D. Mehta, A.P.P. --------- 2 17.06.2010 Heard the parties. In a criminal prosecution for offences under Sections 467, 468, 471, 406, 409, 420 of the Indian Penal Code, petitioner , the Panchayat Secretary, as also Junior Engineer and Mukhiya of the local Gram Panchayat have been arrayed in the category of accused. According to prosecution case the petitioner was the executing agent with respect to twelve sanctioned scheme for total sanctioned amount of Rs. 7,58,247/-. All the three accused persons including the petitioner named in the F.I.R. are alleged to have defalcated a sum of Rs. 3,50,000/-. Learned Senior Counsel Mr. Shakeel Ahmed Khan appearing on behalf of the petitioner submits that the alleged amount of defalcation was actually not properly calculated, when the first information report( Annexure- 1) was lodged. By referring to impugned order passed by the learned Sessions Judge, Madhubani ,it is submitted that on the basis of documents it was found to be a case of excess withdrawal of Rs. 1, 77,154/- only. Without going into the merit of the case it is further contended that petitioner is prepared to deposit 1/3rd of total allegedly defalcated amount, provided the said deposit made by the petitioner may not be construed as admission of guilt. Petitioner is stated to be in judicial custody since 12.5.2010. It is further submitted that petitioner is not accused in any other criminal case of this nature or any other nature. - 2 - Be that as it may, in the facts and circumstances of the case, the petitioner is directed to deposit Rs. 1, 00000/-(one lakh) only in the court below which shall be subject to out come of the case. If such a deposit is made then the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of C.J.M., Madhubani in connection with Raj Nagar P.S. Case No., 113 of 2009 subject to the conditions: (a) That one of the bailors must be Gov. Servant or close family member of the petitioner who will file an affidavit in the court below showing his/her relationship with the petitioner. (b) The petitioner shall make regular parivi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioners fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. ( Birendra Prasad Verma, J. ) M.Rahman