IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38983 of 2008 RAM BALAK RAI Versus STATE OF BIHAR ----------- 2. 16.10.2008 Heard Sri S.N.P.Sinha, Senior Advocate for the petitioner and the learned A.P.P. for the State. The case has been registered under Section 409 of the IPC and the allegation is that while agreeing through a contract to pay Rs.40,00000/- as toll money to the railways the petitioner did not deposit the entire sum and paid only Rs.23,38,000/-. The contention is that the petitioner in fact was never a contractor and he was simply an employee of the real contractor who had put the petitioner on monthly salary of Rs.1500/- for collecting the toll. The further contention is that at any rate it would be a contractual obligation and the railways could proceed against the petitioner for enforcing the contract. Regard being had to the facts of the case and the contentions, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Railway Judicial Magistrate, Sonepur, Saran in Sonepur(Hajipur)Rail P.S.Case No.54 of 2005. B.Kr. ( Dharnidhar Jha, J. )