IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26666 of 2011 Gaya Nand Yadav, Son of Dinesh Chandra Yadav, resident of Village Khtaha, P.S. Lodipur, District Bhagalpur, Working as Senior Deputy Collector, P.S. Arwal, District Arwal. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 03/- 27/09/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 420, 406, 409 and 120(B) of the Indian Penal Code, is one of the named accused in this case being posted as Block Development Officer (B.D.O.) at relevant time carries allegation that he got deposited different amounts of government schemes with local Pacs by ignoring rules regarding such deposits in nationalized banks. Submission is that on basis of earlier order issued by D.D.C., Araria through Memo No. 1726 dated 02.12.2000, money was usually deposited with Pacs and subsequently in the light of order issued by the same authority through Memo No. 163 dated 13.10.2007, the money deposited with Pacs has been withdrawn and deposited in nationalized banks and there is no allegation of any embezzlement or defalcation of the amounts. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph nos. 88 dated 30/042011 except submitting that investigation is still going on and ignoring the rules, the money was deposited somewhere else could not point out anything more against the petitioner. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, in connection with Palasi P.S. Case No. 14 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)