1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15673 of 2011 Rajesh Kumar Singh @ Munna S/o Late Paras Nath Singh R/o House no.126, Patliputra Colony, P.S. Patliputra, Town and District-Patna. --Petitione Versus The State Of Bihar --Opp.Party 7 19.09.2011 Heard learned counsel for the Petitioner and learned Additional Public Prosecutor for the State. Petitioner is solitary named accused in this case instituted on the basis of Complaint Case no. 2686C of 2009 with an allegation of defalcation of huge amount of a Company of whose complainant is Managing Director and petitioner was also attached with the affairs of the Company for certain purposes. Parties are also related with each other, petitioner being elder brother of son in law of the complainant, known since before, and entrusted with the aforesaid work of the Company. Submission is that petitioner has committed no wrong rather during his playing active role with the Company it has grown up and 2 neither in the report of Board of Directors nor in the Audit report of relevant periods any complain of defalcation etc. was raised. It is further submitted that petitioner is joint account holder in the Bank and in the interest of the Company for its work money was drawn from time to time but never diverted to personal account of the petitioner rather personal account of the petitioner was used as guarantying for over- drafting etc. It is also submitted that Money Suit no.9 of 2010 has already been filed by the complainant against the Bank and Others for realization of the amount said to have been drawn on authorizing letter by the petitioner. Bank has also filed O.A no.56 of 2010 against the Company and Complainant. Matter is subjudice before competent court where it will be adjudicated upon. To counter the submission, specifically opening of joint account, it is submitted by the learned counsel appearing for the complainant that no such account can be opened without any resolution to this effect taken by the Board of 3 Directors and the Banks in reply to the question put in Right to Information Act have already denied available of any such authorization or a requisition though in the written statement filed in Money Suit no.9 of 2010 referred by learned counsel for the petitioner Bank has already mentioned about running and opening of joint account. Copy of paper containing specimen signatures lying with the Bank, has also been produced as Annexures on behalf of the petitioner. Taking into consideration all such materials including pendency of Civil Suit before Competent Court, the petitioner, in the event of arrest or surrender within four weeks from today, is directed to be enlarged on bail on furnishing bonds of Rs. 100 000/- (Rupees one lac) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Patliputra P.S. Case no. 06 of 2010, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure with additional 4 condition that the petitioner shall remain present before the court below on each and every date till disposal of the case. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be canceled. AAhmad ( Akhilesh Chandra, J.)