IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6899 of 2010 MAHMOOD ALI ANSARI @ MAHMOOD NASARI Versus STATE OF BIHAR ----------- 2 26.2.2010 Heard Mr. Rajeev Kumar Verma, learned senior counsel for the petitioner and Mr. Ansarul Haque, learned A.P.P. for the State. Petitioner is an accused in a case instituted under section 409 of the Indian Penal Code. According to the prosecution case during the relevant time petitioner was posted and working as revenue Karamchari of Halka No. 2 Ramgarhwa Block in the district of East Champaran. It is further alleged that petitioner collected total sum of Rs. 25740/- towards rent, out of which he had deposited Rs. 5000/- only and, therefore, defalcated an amount of Rs. 20,740/- Learned counsel for the petitioner submits that though there was some delay in depositing the balance amount , but now he has deposited the entire remaining amount of Rs. 20,740/- and no Government money is left with the petitioner. To buttress this point, he has drawn attention of this court towards annexure-3, receipt showing deposit of Rs. 20,740/- by the petitioner on 9.11.2005. Be that as it may, in the facts and circumstances of the case, let the above named petitioner , be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Raxaul at Motihari in Ramgarhwa P.S. case no. 68 of 2005. However, it is made clear that one of the bailors must be a Govt. servant or the family member and the petitioner must make regular pairvi in the court below. If the petitioner defaults in making regular pairvi on two - 2 - consecutive dates then the court below shall be at liberty to cancel his bail bond. (Birendra Prasad Verma, J) M.Rahman