IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28518 of 2009 KASHI NATH KALYAYA @ KASHI NATH KALAGYA Versus The STATE OF BIHAR ----- 3/ 02.12.2009 Heard learned counsel for the petitioner and learned counsel for the State. Shortage of Rs. 15,90,063.54 was taken as defalcation for which it is said on behalf of the petitioner that without disclaiming the liability, petitioner deposited the amount. After receiving such heavy amount from different sources may be a case for conviction but petitioner’s arrest for the same cannot be justified. I agree with the submission of the learned counsel. Accordingly, the prayer of the petitioner is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with G.R. Case No. 2211 of 2008 arising out of Goria Kothi P.S. Case No. 95 of 2008, 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 C.J.M., Siwan subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh, J.)