IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48145 of 2008 DEVENDRA PRASAD Versus STATE OF BIHAR ----------- 2. 02.12.2008 Heard the learned Counsel for the petitioner and the learned counsel for the State. The petitioner apprehends arrest in a Police case under Sections 406, 409 and 120B/34 of the Penal Code. The submission is that the petitioner was not custodian of the records and that there was no occasion for him to hand over charge with regard to them. Be that as it may the allegations are of inability to verify accounts in absence of records. Having considered the facts and circumstances of the case, let the petitioner, above named, surrender in the court below within a period of four weeks from today when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM Barh in Barh PS Case No. 189 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C. If any subsequent FIR is lodged based on verification of accounts the petitioner cannot have benefit of the present order which shall remain confined for the present application only to the issue of non availability of records. Snkumar/- (Navin Sinha,J.)