IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.27862 of 2010 DR. AWADHESH KUMAR Versus The STATE OF BIHAR ----------- 2/ 08.09.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is alleged for depositing Rs. 75,153/- of Students Development Fund in his own Account No. 10792, Punjab National Bank, Dumari Branch for which petitioner’s submission is that no doubt, this account was open in his personal name but later it was decided to be operated for Students Development Fund. Copy of resolution even application on behalf of the complainant informing Bank is on record. In such situation, if any money is withdrawn from this account without cause of the College for personal use, that would mount defalcation and later liability can be fixed but in the circumstance, an admission made by the petitioner about converting of this account for the purpose of college, no liability is fixed for refusal of anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is allowed. In the event of arrest or surrender within 2 one month from the date of receipt/production of a copy of this order in connection with Simari P.S. Case No. 70 of 2010, 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 C.J.M., Buxar subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)