IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37596 of 2008 KAMALA PRASAD son of Late Sewak Lal Resident of village & P.O. Narkatiyaganj P.S.- Sikarpur, District- West Champaran Versus STATE OF BIHAR ----------- 3 27.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case registered for the offences under sections 409 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he was working as Additional Registrar, Co-operative Department, Government of Bihar, posted at Muzaffarpur and retired in the year 1994. He has been made accused in the year 2008. It is submitted that the only allegation against him is that while he was posted as Additional Registrar he approved the payment of salary of the employee appointed by the Governing Body of the concerned Central Co-operative Bank. It is further submitted that so far as selection, appointment or fixation of salary is concerned, those were done much prior to the time when the petitioner was posted as Additional Registrar save and except appointment of one person. It is further contended that the officials of the Bank, who were named accused, have been allowed bail - 2 - by this Court as per the order dated 24.01.1996 (Annexure-2). Besides the named accused other accused person, who was the Administrator of the concerned Central Co-operative Bank after the Governing Body of the Bank was superseded, has also been allowed anticipatory bail as per the order dated 25.09.2008 as made annexure to the supplementary affidavit filed today. Learned Addl. P.P. appearing for the State is not in position to refute the above submissions. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, 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 the Chief Judicial Magistrate, Muzaffarpur, in connection with Muzaffarpur Town P.S. Case No. 346 of 1994 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)