IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27655 of 2009 BIPIN KUMAR JHA Versus STATE OF BIHAR 2 3-2-2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner’s prayer for anticipatory bail was earlier rejected vide annexure-1 on 6-2-2004. Prayer has been renewed on the ground that in the departmental proceeding the authorities have not found the charge of defalcation as proved and information of such conclusion has been given to the Investigating Officer through a letter dated 6-4- 2009 contained in annexure-5. This Court would not like to express any view in this regard as the criminal case is still pending. In view of earlier rejection this Court is not persuaded to take a different view in the matter. The prayer for anticipatory bail is again rejected. In case petitioner surrenders and applies for regular bail along with documents to show that he has been exonerated from the charge of defalcation in the departmental proceeding then it is expected that the trial court shall consider such fact in correct perspective and pass appropriate order in relation to petitioner’s prayer for regular bail on the date of surrender itself. ( Shiva Kirti Singh,J) Naresh