IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51021 of 2008 SAHDEO CHANDRA NANDI @ S.C.NANDI, son of Late Govind Chandra Nandi, Mohalla B.L.C. Road, Caftier Town PS & Dist. Deoghar.. Petitioner. Versus STATE OF BIHAR ----------- 2 29.1.2009 Heard the parties. The petitioner is an accused in a case under sections 420, 406 and 419 of the Penal Code. The petitioner is the Deputy Manager in the State Bank of India. The railway authorities had identified the wife of one Alap Ahir and deposited the family pension / pension of Alap Ahir in the name of his wifeTetari Devi. Later it was discovered that the wife of Alap Ahir had pre-deceased him and as such it is alleged that the money was defalcated. Learned counsel for the petitioner submits that the petitioner being the bank manager only acted on the instruction of the railway authority and is not responsible for the defalcation. Besides this, it is submitted that the money has been deposited back in the bank. In the facts aforesaid, the petitioner Sahdeo Chandra Nandi @ S.C. Nandi is directed to be released on anticipatory bail in the event of his arrest or surrender in Katihar Town PS Case No. 278/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the C.J.M., Katihar, subject to the condition laid down under section 438 (2) Cr.P.C. haque (Sheema Ali Khan, J.)