IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5485 of 2009 BIRENDRA KUMAR SHARMA Versus THE STATE OF BIHAR ----------- 02/ 15.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 409 and 120B (added section) of the Indian Penal Code. Learned counsel for the petitioner submits that neither he is named in the F.I.R. nor any incriminating article has been recovered from his possession. Learned counsel for the petitioner further submits that petitioner is a Junior Engineer and he is sought to be implicated after 11 years. Learned counsel for the petitioner also states that the amount in question was entrusted to the F.I.R. named accused Md. Taslim and not with the petitioner and hence there is no material at all to connect the petitioner with the alleged occurrence. Learned counsel for the petitioner further states that the petitioner has got no criminal antecedent. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely Birendra Kumar Sharma shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial 2 Magistrate, Saharsa in connection with Sonbarsa P.S. Case No.43 of 1997 (G.R. Case No.598 of 1997), subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)