IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41061 of 2008 ASHOK KUMAR DAS, S/O DINANATH DAS, R/O MOHALLA-BANIYATOLA, P.S. & DISTRICT- KATIHAR. -PETITIONER Versus THE STATE OF BIHAR. –OPP.PARTY 02 03.12.2008 Deposits made in a Co-operative Society, of which the petitioner was a member in his capacity as an employee of Punjab National Bank, in 2004 and non-refund thereof are the basic ingredients of cheating. On 22nd November, 1999, petitioner was transferred. In 2000 he resigned from the Co-operative Society. There is no allegation that the deposits were made through the petitioner or the same was acknowledged by the petitioner. Taking the same into account, the application of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, in the event of his arrest or surrender within six weeks from today, be enlarged on bail on his furnishing bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in Complaint Case no. 1679 of 2005, subject to the conditions laid down in Section 2 438(2) of the Code of Criminal Procedure. (Barin Ghosh, J.) AAhmad