IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36290 of 2009 KAPILDEO PRASAD Versus THE STATE OF BIHAR ----------- 2. 12.11.2009 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a Police case under Sections 409, 420,467, 468 and 471/34 of the Penal Code with regard to failure to execute Government scheme despite having been given advance for the purpose. The F.I.R. is dated 15.10.2008. The submission from another report dated 23.7.2009 is that the petitioner was in the process of executing the works for which advance has been given to him. Learned counsel for the State submits that if the petitioner does not execute the works for which the advance has been given to him and fails to return the un-utilized money, liberty may be given to seek cancellation of the anticipatory bail before the Court below itself. Let the petitioner above named surrender in the Court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(twenty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda in connection with Bihar P.S. Case No. 283/2008, subject to the conditions laid down under Section 2 438(2) of the Cr. P.C. Liberty is granted to the prosecution to move for cancellation before the Court below, if the occasion arises, in the manner as discussed above. P. Kumar (Navin Sinha, J.)