IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38257 of 2010 SUKHDEO DAS Versus STATE OF BIHAR ----- 02. 10.03.2011 Heard learned counsel for the petitioner and the state. Withdrawal of the amount and non-remaining of articles purchased by this petitioner is the allegation for defalcation of the money. Submission on behalf of petitioner is that Rs.15,75,000/- was allotted. Apparatus, books for library was purchased, school building was repaired and remaining Rs.3,25,000/- remained balance in account. He (petitioner) made over charge to one Amod Kumar Mandal from whom present informant took the charge. Money is withdrawn in name of Kanti Devi and Moni Kumari having no concern with this petitioner after his retirement. Regime of the petitioner and the informant is intervened by one Amod Kumar Mandal. So, the liability with all certainty that also for the purpose of bail cannot be extended to this petitioner. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt of a copy of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur in connection with Khahalgaon P.S. Case No. 121 of 2010, subject to the conditions as laid down under section 438(2) of the Cr. P. C. Vikash (Mandhata Singh, J.) 2