IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36957 of 2011 Navin Kumar Verma son of late Brij Nandan Prasad, resident of village-Madhubani Amla, P.S.-K.Hat, District-Purnea Versus The State of Bihar ----------- 2. 9.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 420 and 409 read with section 34 of the Indian Penal Code. It is submitted that initially the petitioner, who was the then Assistant Audit Officer in the State Food corporation, Purnea along with two other accused persons, namely, Yugal Kishore Mahto and Surendra Prasad was named in the first information report. The police investigated the case and on conclusion of investigation submitted chargesheet against co-accused Surendra Prasad. The petitioner and co-accused Yugal Kishore Mahto were found to be innocent and they were not sent up for trial. The court below differing with the police report took cognizance of the offence against all the three first information report named accused persons. The co-accused Yugal Kishore Mahto has already been granted anticipatory bail by order dated 26.3.2011 passed in Cr. Misc. No. 4910 of 2011 by another Bench of this court. It is also submitted that the petitioner has already retired from service on 31.12.2010 and his case is identical to that of co-accused Yugal Kishore Mahto who has already been granted anticipatory bail. 2 Taking into consideration the submissions, facts and circumstances of the case let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Hat P.S.Case No. 149 of 2005 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)