IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 28782 of 2011 1. Narendra Prasad Singh, S/o Late Sukhdeo Singh, R/o Vill- Rampur, P.O.- Narhat, P.S- Narhat, Dist-Nawada. Versus 1. The State of Bihar ----------------- 02. 26.09.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 406, 409 and 420 of the Indian Penal Code. It has been submitted that the petitioner as Manager of Naksena PAX had defalcated a sum of Rs. 1,19,771/- along with interest for the initial amount of Rs. 33,177/-. It has further been submitted that First Information Report has been instituted 15 years after the occurrence and the petitioner’s salary to the tune of Rs. 7,67,652/- is due. The next submission is that half of the defalcated amount may be deducted from his salary without prejudice to his case. Considering the aforesaid submission, let the petitioner, above named be released on provisional anticipatory bail for a period of two months in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by the Court to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Narhat (Sitamarhi) P.S. Case No. 27 of 2011 subject to the conditions as laid down under Section 438(2) of 2 the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (iii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. In the meanwhile, the MD, Co-operative Society, Naksena PAX will take steps for releasing the salary of the petitioner after deduction of half of the defalcated amount. Once proof of the same is produced before the Court below the provisional bail granted to the petitioner shall be confirmed. Vikash/- (Anjana Prakash, J.)