In the High Court of Judicature at Patna Cr. Misc. No.25930 of 2008 Satyadeo Mahto Vrs. The State of Bihar **** /2/ 22.07.2008 Heard the counsel for the petitioner and the State. 2. Defalcation of Rs.56,879/- was detected by the audit team. Petitioner was a Cashier-cum-Clerk at Primary Health Centre, Rahika, Madhubani. With regard to this defalcation Madhubani Town (Rahika) P.S. Case No. 311 of 2007 was instituted against the petitioner for offence under Sections 409 and 420 of the Indian Penal Code. Counsel for the petitioner submits that subsequently, in total, defalcated amount, i.e., Rs.56,879/- was deposited through five chalans in the treasury vide Annexure 2 series. The Civil Surgeon- cum-Chief Judicial Magistrate, Medical Officer, Madhubani, thereafter, filed petition before the In-charge Medical Officer, Primary Health Centre, Rahika, Madhubani giving information regarding depositing the amount and also making a request that case instituted against the petitioner may be withdrawn. 3. Considering the facts, the prayer for anticipatory bail on behalf of the petitioner, Satyadeo Mahto, is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with the aforementioned case to the satisfaction of the Chief Judicial Magistrate, Madhubani, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. Cp:3/S.A. ( Mridula Mishra, J. )