IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39302 of 2011 Ramayan Singh S/o Late Karmdeo Singh Versus The State Of Bihar ---------------------------------- 2. 14.12.2011 Supplementary affidavit filed today on behalf of the petitioner be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Section 409 of the Indian Penal Code. It has been submitted that subsequent to the allegation that the petitioner had misappropriated a sum of Rs.17,805/- of Mujrarh PACS, Rs.3,19,810/- of Sisrit Nonsari PACS and Rs.10,000/- of Pachphokari PACS and audit was done in which Rs.133/- and Rs.1105/- were due in Mujrarh and Sisrit Nonsari PACS and no dues in Pachphokari PACS. The dues standing against the petitioner have been deposited by the petitioner, which is evident from the certificates filed here through supplementary affidavit. Considering the same, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Nokha P.S. case No.139 of 2011 on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, - 2 - subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also conditions (i) That one of the bailor will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse, (v) That the petitioner will be well represented on each date if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Narendra/ ( Anjana Prakash, J. )