IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24825 of 2011 S.M. Talha Sajid @ S.M. Sajid Talha @ M.M. Talha Sajid, son of S.M. Ashfaque Hussain Versus The State Of Bihar ---------------------------------- 3. 20.12.2011 Supplementary affidavit filed today be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner seeks anticipatory bail in a case instituted for the offence under Sections 406, 420 and 120(B) of the Indian Penal Code. The prosecution case is that the petitioner as D.D.C. issued a letter numbered as 1726 dated 2.12.2000 to the Block Development Officer, Palasi, to deposit the money received in Government scheme for Indira Awas Yojana in Dehti PACS. Allegedly the money disappeared from Dehti PACS and many eligible persons did not receive it and the money was defalcated. It has been pointed out by the petitioner that the letter numbered 1726 dated 2.12.2000 forms part of the First Information Report and from perusal of the same, it is clear that the petitioner as D.D.C. had never ordered that the money intended for Indira Awas Yojana be deposited in Dehti PACS. His letter is confined to the “Sunishchit Rozgar Yojana and Jawahar Gram Samridhi Yojana”. Further submission is that the petitioner retired in the year 2004 and the present case 2 was instituted in the year 2010 whereas the offending letter is dated 2.12.2000. Considering the same, let the petitioner in the event of surrender, named above, within six weeks from the date of receipt of this order, in connection with Araria P.S. Case No. 481 of 2010, shall be released on anticipatory bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria, subject to the conditions as laid down under Section 438(2) Cr. P.C. and (i) That one of the bailors 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 also undertake to inform the Court if there is any change in the address of the petitioner. (ii) 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. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. S.Ali ( Anjana Prakash, J.)