IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37295 of 2009 MANOJ KUMAR Versus THE STATE OF BIHAR ----------- 02 23.11.2009 Heard both sides. Sole petitioner seeks anticipatory bail in a case instituted under Sections 409, 420, 467, 468, 471 and 472 of the Penal Code. Allegation is that the petitioner with the connivance of the Drawing and Disbursing Officer, head-master of the school withdrew a sum of Rs. 4, 74,654/- (Four lacs seventy four thousand six hundred fifty four only) and distributed amongst the teachers illegally. It is contended that the authorities directed for re- deposit of the said amount. Referring to annexure-5, it is contended that the said amount has been collected from the concerned teachers and deposited in the Treasury. Learned counsel for the petitioner also placed before this Court the communication dated 24.11.2006, issued by the District Superintendent of Education, Muzaffarpur recommending therein for withdrawal of the case itself as the money allegedly defalcated has been re-deposited in the Treasury. Referring to paragraph no.15 of the bail application, it is contended that co- accused of this case who was Drawing and Disbursing Officer has since been privileged with anticipatory bail by a Bench of this Court. It is further highlighted that the investigation is going 2 on. In the facts and circumstances of the case, in the event of arrest or surrender before the Court below within a period of four weeks from today, petitioner, named above, is directed to be released 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 SDJM, West Muzaffarpur in connection with G.R.No. 1619 of 2005 arising out of Sahebganj P.S.Case no. 161 of 2005, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Sym/ (Kishore K. Mandal, J.)