IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21893 of 2009 RAGHUBANSH SHARMA, Son of Sri Madho Singh @ Sharma, Village- Taret, P.S. Naubatpur, District- Patna, the then Nazir of Paliganj Anchal. .......Petitioner. Versus The State of Bihar........................................................Opposite Party. . ----------- 04. 18.11.2009. Heard both sides. Learned counsel for the petitioner places on record the certified copy of the order dated 04. 11.2009 passed by the learned Judicial Magistrate, Ist Class, Danapur, Patna, in order to show that the petitioner upon expiry of the period of provisional bail granted by this Court under order dated 17.08.2009 has already surrendered and is presently in jail custody. The said copy is placed on record and marked as ‘Y’. Petitioner is an accused in a case instituted under Section 406 and other allied sections of the Indian Penal Code. Primarily, the allegation is that a sum of Rs. 6,18,061/- was/were received by him but not deposited in the Treasury. Learned counsel appearing on behalf of the petitioner referring to the order dated 17.08.2009 submits that a sum of Rs. 1,68,530/- and odd deposited in the Treasury on 28.11.2006 but the same was not taken care of while instituting the First Information Report. It is contended that the petitioner on being released on provisional bail, approached the informant on several occasions to clarify his stand but no heed was paid. It is next contended that in terms of the liberty granted under order dated 17.08.2009, no affidavit has been filed in this Court affirmed by 2 the informant (the Circle Officer). It is next highlighted that the petitioner has already made over charge of the post of Nazir. In the facts and circumstances of the case, this Court is now persuaded to release the petitioner, namely, Raghubansh Sharma 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 A.C.J.M., Danapur, Patna, in connection with Paliganj P.S. Case No. 193 of 2007 subject to the following conditions: (i) One of the bailers shall be own close family member. (ii) No sooner the trial reaches up to the stage of framing of charge the petitioner shall thereafter appear on each date fixed in the trial. In case of default on two consecutive dates the trial court shall cancel the bail bonds of the petitioner and secure his arrest in accordance with law. U.K. (Kishore K. Mandal,J)