IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5439 of 2010 PRAMOD KUMAR JHA . Versus THE STATE OF BIHAR . ----------- 2 2.4.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 406, 420/34 of the Penal Code. It is alleged by the informant Manika Kumari, the Head Mistress of Navin Prathmik Vidyalaya, Missir Maniadda a sum of Rs.5 Lacs which was allotted by the Education Department for construction of School building was deposited in the Bihar Kshetriya Gramin Bank at Jamui Branch in joint account of the informant and one Ranvir Kumar Singh the Secretary of the School vide S.B.A/c No.8977. It is further alleged that the Branch Manager did not issue any cheque book and pass book to the informant and subsequently she found that all the money had been withdrawn. Learned counsel for the petitioner submits that the main allegation is against the Branch Manager of the Bank and he has been granted anticipatory bail by a bench of this court by order dated 21.7.2009 passed in Cr.Misc.No.22221 of 2009. It would appear from the order of this court that the Branch Manager stated that the informant, who was Principal and the said Ranbir Singh from time to time withdrew money from the account but no construction was done. When the authority inspected and found that no construction was done and money was withdrawn, only to save their face, the instant case has been lodged. It was further case of the Branch Manager that various - 2 - KHAN cheques were issued by the Principal and counter signed by Ranbir Singh which clearly shows that there was withdrawal by herself duly signed by her and Ranbir Singh. Counsel for the petitioner submits that the petitioner is a cashier and once a cheque, which was signed by the Principal and counter signed by Ranbir Singh, is passed by the Branch Manager, he has to pay the amount. In support of his contention, he has annexed Anenxure-2, the complete chart and details of withdrawal amount. Having considered the fact and circumstances of the case, the petitioner Pramod Kumar Jha is directed to be released on anticipatory bail, in the event of his arrest/surrender within six weeks from today, in connection with Jamui P.S. Case No.311 of 2008, G.R.No.1824 of 2008, on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui. (S.P.Singh,J)