IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22175 of 2009 Radheshyam Mishra, Son of Late Suryadeo Mishra, Resident of Village-Mathiya, P.S.-Shikarpur, District-West Champaran. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 21.07.2009 The petitioner apprehends arrest in Shikarpur Police Station Case No. 346 of 2008 instituted under Sections 420, 467, 468, 471/34 of the Indian Penal Code. One Baiyanath Mahato filed report before the Superintendent of Police, West Champaran, inter alia, alleging that as the relative Police Station has refused to accept his petition he is filing the same before the Superintendent of Police that being forwarded to the concerned Police Station. The present case has been instituted. In the said F.I.R. it has been inter alia alleged that the petitioner was acting as non-securing agent in the State Bank of India, Narkatiaganj Branch. Informant had sought some loan and petitioner has filled up application forms for the same. Informant did not want to pursue the matter and asked for his papers to be returned. Papers were not being allegedly returned. Subsequently, the informant received notice from the Certificate Court with regard to recovery of loan from it. It appears that the loan has been sanctioned and disbursed to the informant, which informant does not receive. The informant alleges that the petitioner had misappropriated the amount which was due to the petitioner. On behalf of petitioner, it is submitted that the prosecution is mala fide. It is on application of the informant some loan 2 must have been sanctioned, disbursement of loan is never made cash and as such there is no question of misappropriation by the petitioner. In fact, some money was due from the informant to the petitioner and with dishonest intention not paid. The petitioner has been falsely implicated in the false case. For the same occurring after six months the informant has lodged a complaint case as well wherein he has alleged before the Certificate Court that he has agreed to deposit the amount. In the facts and circumstances of the case, if the above named petitioner surrenders before the Court below within four weeks from today he shall be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in Shikarpur Police Station Case No. 346 of 2008, Subject to the conditions as laid down under Section 438 (2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)