IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44789 of 2010 RAM BABU SINGH Versus THE STATE OF BIHAR ----------- 05 16.03.2011 The petitioner was an employee of State Bank of India, who is alleged to have misutilized a cheque deposited by a customer for credit to his account. Petitioner is accordingly seeking anticipatory bail. State Bank has appeared pursuant to notice issued and it has brought on record that in a disciplinary proceeding against the petitioner, petitioner was held guilty and inter alia directed to deposit a sum of Rs. 3,40.000/- which has been reduced to Rs. 3,00,000/- by the appellate order. In the disciplinary proceeding, the said amount is lying with the Bank. In my view, it is only appropriate that the customer, whose cheque of Rs. 2,85,000/- has been wrongly encashed, be paid, the said amount immediately within one month by the Bank. All these would, however, be without prejudice to the rights of the petitioner in regard to his conduct in the matter. I would only notice that it would have been better for the police to enquire into the role of the other Bank being Bank of India encashing the cheque which cheque was a high denomination cheque without passing it through the account and without verifying the identity of the payee. Be that as it may, on appearance or surrender of the petitioner within four weeks in relation to Ara, Nawada P.S. Case No. 133 of 2008 instituted under Section 406/35 of the Indian Penal 2 Code, pending before the Chief Judicial Magistrate, Bhojpur, Ara, the 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 Chief Judicial Magistrate, Bhojpur, Ara, in connection with Ara, Nawada P.S. Case No. 133 of 2008, subject to the condition as laid down in Section 438 (2) of the Criminal Procedure Code. Safik (Navaniti Prasad Singh, J.)