IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.382 of 2009 RAMESH NANDAN PRASAD Versus STATE OF BIHAR For the petitioner : Mr. Rajendra Narayan, Advocate Mr. Anil Kumar Upadhyay No. 2. Advocate For the State : Mr. C. Jawahar, APP ----------- 4 22.04.2009 Heard both sides. The petitioner seeks anticipatory bail in a case instituted under sections 409 and 120B of Indian Penal Code. The allegation against him in the F.I.R. is that while posted as District Soldier Welfare Officer, the petitioner withdrew a sum of Rs. 2.45 lacs and misappropriated the same. It appears that before lodging the case, the petitioner was put on notice under letter dated 27.9.2004. In response thereof, he filed his reply/explanation dated 29.9.2004 stating therein that taking benefit of his absence from the job on account of his serious illness, the staff have forged his signature and withdrawn some of the amounts. A plea was also taken that the petitioner is suffering from carcinoma of tongue and therefore was critically ill. Under order dated 26.2.2009, this Court directed the learned Chief Judicial Magistrate, Saran at Chapra to constitute a medical board for examination of the petitioner and to submit report to this Court. Pursuant to the said order, a medical report has been submitted to this Court which is on the file. On perusal of the report, this Court finds that petitioner is in fact suffering from carcinoma tongue, has been operated upon and is under 2 continuing surveillance of the medical experts. Having considered the facts and circumstances of the case, this Court is of the view that the petitioner has made out a case for extension of privilege of anticipatory bail. In the event of arrest or surrender in the court below within a period of four weeks, the petitioner abovenamed is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar P.S. case no. 213/04 subject to the condition as laid down under section 438(2) of Cr.P.C. pkj ( Kishore K. Mandal, J. )