IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13683 of 2009 ASHISH KUMAR,son of Sri Suryamani Prasad, r/o village-Khizersarai,P.S.-Khizersarai, District-Patna. Versus STATE OF BIHAR ----------- 02/ 24-04-2009 Heard learned counsel for the petitioner and the State. In the case allegation is levelled against Ex-Mukhiya and others for irregularities and defalcation of money meant for different schemes. For the same, submission of the learned counsel for the petitioner is that petitioner is the son of Ex-Mukhiya, who cannot be made liable for the act, if there was really the act of irregularities and defalcation. Opening of the Pass Book by his father identified by this petitioner also fixes more liability of the nature upon his father, which cannot be based for petitioner’s arrest. I agree with the same. In case of arrest or surrender within one month from today in Khizersarai P.S.Case No.51/2008, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Special Railway Judicial Magistrate, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )