IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25437 of 2008 DEV KUMAR DAS Versus STATE OF BIHAR ----------- 3. 05.01.2009 Heard learned counsel for the petitioner, learned counsel for the State as also learned counsel for Opposite party no. 2. The allegation under Sections 406, 419, 420 of the Penal Code is of having paid illegal money for appointment in Government service. When the appointment was not forthcoming, a part of the consideration is alleged to have been repaid compelling the institution of the complaint for the balance. The parties appear to be in pari delicto as appointment in any Government institution is by open advertisement and selection and not for money consideration. Learned counsel with reference to Annexure-2 submits that in fact the petitioner is liable to now refund only balance of Rs. 67,000/- and which he desires to do in instalments. Under the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in Ghosi P.S. case No. 05 of 2007, subject to the conditions laid down under Section 438(2) Cr.P.C. AKS/ (Navin Sinha, J.)