IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15312 of 2008 RAMASIS RAM Versus STATE OF BIHAR ----------- 3 06.05.2008 According to the F.I.R. of Chapra Rail P.S. Case No. 48 of 2006, the petitioner, a Commercial Clerk at Chapra Jn. Railway Station had allegedly deposited less amount of Rs. 38,000/- and Rs. 500/- on 1.7.2006 and 17.7.2006 respectively and although he had deposited a sum of Rs. 10,000/- on 16.7.2006, yet an outstanding balance of Rs. 28,500/- was still due from him. It has been submitted on behalf of the petitioner that he had deposited the deficit amount of Rs. 28,500/- on 23.7.2006 in accordance with Rule 2719 of Indian Raiwlays Commercial Manual, Volume II and that the Commercial Superintendent, Chapra, had issued a certificate (Annexure 2) to this effect. Annexure 2 is dated 12.8.2006 and is addressed to “whomsoever it may be concern”. It is not even in the form of official communication or on letter head. To the contrary, it appears from the impugned order of the learned Sessions Judge, Saran at Chapra, dated 5.3.2008 passed in A.B.P. No. 95 of 2008 that from paragraph 58 of the case diary, it would appear that a sum of Rs, 28,500/- was still due from him although from paragraph 23 it would appear that on being - 2 - suspended on 19.7.2006 he had deposited the due amount of Rs. 28,500/- Though the situation would amount to a case of temporary embezzlement, in the facts and circumstances of the case, in the event of arrest or surrender by the petitioner in the Court below within a period of three weeks from today, petitioner Ramasis Ram shall be enlarged on bail on furnishing bail bond of Rs, 10,000/- with two sureties of the like amount to the satisfaction of the learned Railway Judicial Magistrate, Sonepur , in connection with Chapra Rail P.S. Case No. 48 of 2006, subject to the conditions laid down in section 438(2) Cr.P.C. Sanjay (Abhijit Sinha, J.)