IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17888 of 2010 BALAJI PRASAD Versus THE STATE OF BIHAR ----------- 2 21.5.2010 Heard the learned counsel for the parties. The petitioner, Balaji Prasad, apprehends his arrest in Ara Town P.S. Case No.449/09 under sections 406 and 420 I.P.C. The F.I.R. was lodged by the informant, Arbind Bihari Pandey, alleging that the Principal of the College, i.e., the own brother of the informant, namely, Manoranjan Pandey, defalcated the amount of Rs.22,70,300/- of Jai Prakash College, Ara. The informant lodged the F.I.R in the capacity of the Secretary of the college. The learned counsel for the petitioner submitted that in the F.I.R. the petitioner was not named and the main accused, i.e., the Principal of the College has already been granted bail by the learned Chief Judicial Magistrate, Bhojpur at Ara. On the other hand, the learned A.P.P. objected the prayer for anticipatory of the petitioner and submitted that during the course of investigation it was found that the petitioner is also involved. The Accounts of the College was examined by a Chartered Accountant who in his evidence before the police at paragraph 32 has fully supported the case of the informant and stated that huge amount of the college has been defalcated. From perusal of the order passed by the learned Sessions Judge, Bhojpur at Ara, it appears that the Sessions Judge has 2 considered the case diary and also the Chartered Accountant who found after verification that the huge amount of the College has been defalcated. Under the above facts and circumstances of the case I find no ground to grant anticipatory bail to the petitioner. Accordingly, his prayer for anticipatory bail is rejected. If the petitioner will surrender before the court below and pray for regular bail the court below shall consider his regular bail in the light of the bail granted to the Principal. AnilKr.Sinha ( Mungeshwar Sahoo, J. )