IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3212 of 2008 RAM PRASAD SAH MUKHIYA, GRAM PANCHAYAT SAR SAUNA RESIDENT OF VILLAGE GAUSPUR SARSAUNA, SON OF LATE LAXMI SHA, P.S. BANGARA DISTRICT – SAMASTIPUR .......................... PETITIONER Versus THE STATE OF BIHAR ................. OPP. PARTY ----------- 6 02.04.2009 Mr. Vasant Kumar Tripathi appeared on behalf of the petitioner. Petitioner, who was during the relevant time, Mukhiya of the Gram Panchayat has been charged for having committed offence(s) under Sections 409, 420 and 468 of the Indian Penal Code. The date of FIR in the present case is 9.03.1994. Counsel for the petitioner fairly submits before this Court that warrant of arrest was issued against him sometimes in the year in 2003. He further submits that the amount alleged to have been embezzled is meager. He further submits that there are several deficiencies in the prosecution case as I.O was not furnished the details of the embezzlement in spite of several requisitions made by him. The petitioner, given a chance shall deposit 75% of the embezzled amount. It has further been highlighted that the petitioner is aged about 45 years. This court from the records finds that the petitioner continued to be an absconder for more than a decade, which does not entitled him to the privilege of anticipatory bail. The application seeking anticipatory bail is, therefore, rejected. However, it is made clear that if the petitioner surrenders and makes an application in the court below within four weeks from today - 2 - and voluntarily deposits the said amount, the court below shall consider the same on its merit without prejudiced by the present order of rejection and dispose of the application in accordance with law. Kundan (Kishore K. Mandal, J.)