IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18683 of 2009 RAM ANUGRAH NARAIN SINGH, s/o-Late-Chandrika Singh, resident of Village-Dhangawn, P.S.-Phatehpur, District-Gaya. ........Petitioner. Versus The State Of Bihar .......Opposite Party. ----------- 02. 27.05.2009 Petitioner apprehends arrest in connection with Aurangabad Town P.S. Case No. 256 of 2006 instituted under Section 409 of the Indian Penal Code. Petitioner retired over nine years back as Company Commandant of Bihar Home Guards. It is alleged that he had issued certain payment voucher to one Inspector Sidh Nath Singh who had to make disbursement of salary to the extent of Rs. 27,200/-. On audit, it was found that the said amount was in fact not disbursed. On this it is alleged that the petitioner who had issued the payment voucher and the said Inspector Sidh Nath Singh had embezzled the amount. On behalf of the petitioner, it is submitted that there was nothing wrong in petitioner issuing the payment voucher. He was the competent authority as he was bound to issue the same. The money had to be withdrawn and disbursed by Sidh Nath Singh and petitioner can not be made accused for the defalcation which has been 2 committed by the other. He further points out that the entire amount has since been recovered from the said Sidh Nath Singh. Be that as it may, let the petitioner namely Ram Anugrah Narain Singh, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Aurangabad Town P.S. Case No. 256 of 2006 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Navaniti Prasad Singh, J.)