IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11450 of 2010 MANOJ HARIJAN son of Mahadeo Lal Harijan, resident of Sonamani Sahariya, Police Station Rauta, District Purnea, … …Petitioner Versus THE STATE OF BIHAR … OPPOSITE PARTY For the Petitioner: Mr. N.K. Agrawal, Sr. Advocate Mr. D.N. Tiwari, Advocate For the State : Mr. USP Singh, APP ….. 2 29.04.2010 Heard learned counsel for the petitioner and the State. The petitioner is in custody and seeks bail in a case registered under sections 406/409 of the Indian Penal Code. As per the allegation set up in the first information report, the petitioner, who was Mukhia, along with co-accused Sanoj Kumar Choudhary had defalcated a sum of Rs. 2,75.000/-, which was for the purpose of work under the Rashtriya Gramin Rozgar Guarantee Yojna. Learned counsel for the petitioner submitted that though the petitioner does not accept the charge, however, he had already deposited the entire defalcated amount. The petitioner is stated to be in custody since 24.12.2009 and chargesheet has been submitted in this case. - 2 - Having regard to the facts and circumstances of the case, I direct the abovenamed petitioner, Manoj Harijan , to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in Rauta Police Station Case No. 44/2009 after proper verification by the concerned court with regard to the fact that the defalcated amount, as alleged in the first information report, has already been deposited by the petitioner with further condition that one of the bailors must be close relative or family member of the petitioner, who shall state on affidavit before the court concerned, giving complete genealogy, as to how he or she is related with the petitioner. Further, the petitioner shall also remain present on each and every date during the course of the trial and if he fails to remain present on two consecutive dates in course of trial without any reasonable cause shown by him, the court concerned would be at liberty to take steps for cancellation of his bail bonds. SC (Dr. Ravi Ranjan, J.)