IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37682 of 2010 DR.JANARDAN UPADHYAY Versus STATE OF BIHAR ----------- 3 5.5.2011 Heard learned counsel for the parties. Main grievance appears that petitioner was working after alleged date of his retirement which is denied. Section 406 IPC is applicable only when payment is made legally and mala fide is not shown. If money is withdrawn by an unauthorized person some other offence is made out, purpose for which any money was withdrawn and not expended is not clear, really it appears out and out a political agenda for making allegation. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on 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, Nalanda at Bihar Sharif in Rajgir 2 P.S. Case No. 193 of 2009, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)