IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16937 of 2010 ISHWAR SAHAY RAM @ ISHWAR SAHAY, son of Sri Rash Bihari Ram, resident of Village- Amaithi, P.S. Sanjhouli, District-Rohtas (Sasaram), the then Executive Engineer, Eastern Embankment Pramandal-2, Birpur, Supaul, presently posted as Deputy Director, Jal Bigayan Pramandal (Madhya), Patna. ----Petitioner Versus STATE OF BIHAR. ----------- 6. 26.3.2011 Heard learned counsel for the petitioner and the State. The offence alleged against the petitioner is under section 409 of the Indian Penal Code. It is submitted on behalf of the petitioner that the only allegation against the petitioner is that after his transfer, all the relevant records were not handed over to the office from where he was transferred. It is submitted that the petitioner was not the custodian of the records and, as such, there could have no occasion for him to take with him the records. Learned counsel appearing for the State on perusal of the case diary submits that the witnesses have claim that the records of the office used to be taken by the petitioner and work used to be done by him, of course, there is no allegation of misappropriation of any public money. In this regard, learned counsel for the petitioner submits that a departmental enquiry was initiated against the petitioner with respect to the alleged misappropriation of public money. However, in the departmental enquiry the charges were not proved and the petitioner was exonerated of the charges and he was paid his emoluments in pursuance of the order, as contained in - 2 - Annexure 2. Considering the submissions of the parties and in the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender in connection with Birpur Supaul P.S. Case No.48 of 2009 within a period of four weeks from today, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Birpur, Supaul in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)