IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1720 of 2008 SANJAY KUMAR Versus THE STATE OF BIHAR ----------- 3. 14.5.2008. Heard learned counsel for the petitioner and learned A.P.P. for the State. Petitioner was Correspondence Clerk-cum-Cashier of District Statistics Office at Begusarai. He was the informant of the case when a sum of Rs.1,45,895/- went missing from the almirah where the cash was kept. It is only recently that the needle of suspicion has turned against the petitioner when the police has obtained warrant of arrest against him. According to the counsel for the petitioner he is at present posted at Chapra and he submits that serious consequences will flow if he is arrested after such a belated stage. He is available for investigation because he is still in the Government service. The case diary was called for in the matter, the investigation has been made and only on certain suspicious circumstances that the police now wants to apprehend the petitioner. Keeping in mind that this matter has not reached a final conclusion despite three years of registration and the arrest of the petitioner shall surely cause difficulties for him being Civil servant, this Court is inclined to enlarge the petitioner on bail. Let the petitioner, namely, Sanjay Kumar, in the event of arrest/surrender within four weeks from today, be enlarged on bail on furnishing bail bond in the sum of Rs.10,000/- (Ten Thousand) with two sureties in 2 the like amount each to the satisfaction of Chief Judicial Magistrate,. Begusarai in connection with Town P.S. Case No. 297 of 2004, subject to conditions under Section 438(II) of the Cr.P.C. He shall also deposit a sum of Rs.50,000/- by way of a fixed deposit receipt in his name to the Court of the Chief Judicial Magistrate, Begusarai for safe custody as an additional condition. In case the petitioner is not sent-up for trial or is acquitted of the charges, the same shall be returned to the petitioner. If a verdict of guilt is recorded then the Court may consider retaining the said amount also as a fine as the part and parcel of the punishment, which may be imposed by the trial Court. Pawan/- (Ajay Kumar Tripathi, J.)