IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30298 of 2008 BADRI NARAYAN RAM Versus THE STATE OF BIHAR ----------- 2 22.8.2008. Heard counsel for the petitioner and the State. Petitioner was posted as Assistant Engineer, Electric Supply Sub Division, Khagaria in between 2003-04, 2004-05 till December 2004. Allegation in the F.I.R. is that during the tenure of the petitioner he in connivance with Brahamdeo Prasad Singh, Correspondence Clerk and cashier has misappropriated Rs.1,63,976. 29 from the revenue collected out of Rs.10.30 lacs. Entry in the cash register was not maintained properly. Counsel for the petitioner submits that so far collection of revenue and making entry in cash register are concerned, these are the duty of correspondence clerk and cashier. The controlling authority is Executive Engineer and the petitioner himself repeatedly informed the Executive Engineer. He has also made prayer for instituting criminal case against the correspondence clerk but it was not done. Subsequently he has also been implicated in this case. Considering the aforesaid fact prayer for anticipatory bail is allowed. The petitioner namely Badri Narayan Ram is directed to surrender before the C.J.M Khagaria within four weeks from today and on his so surrendering he shall be enlarged on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Khagaria in - 2 - connection with Khagaria (Chitragupta Nagar) P.S.Case no 154 of 2007 subject to the condition as laid down under Section 438(2) Cr.P.C. Sss/- (Mridula Mishra, J)