IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.802 of 2009 BHUPENDRA SINGH, Son of Late Ram Sakal Singh, Field Officer (Retired) of Bhumi Bikas Bank, Vaishali, P.S.- Vaishali, District- Vaishali------ Petitioner Versus STATE OF BIHAR ------ Opposite Party ----------- 2 20.2.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. Petitioner is an accused in a case under Sections 420 and 409 of the Indian Penal Code. In the Complaint Case, the Manager, The Field Officer and the Distributor have been made accused. A loan was granted in the year 1988 in favour of Chandeshwar Singh and two others. The diesel motor pump and boring pipe were supplied by the Distributor. Learned counsel for the petitioner submits that at the relevant time the petitioner was posted at Vaishali in the Land Development Bank, Vaishali and later in the year 1989 he was transferred out from Vaishali to Sitamarhi and he ultimately retired in the year 2003 from Ekma in the district of Chapra. It is further submitted that when the proceedings for recovery were made, the present 2 case has been filed in the year 1994 after a gap of more than six years. It is also submitted that as far as the other two lonees are concerned, there is no complaint by them that the loan amount was not paid to them or that they are not getting the diesel motor pump and boring pipe in lieu of the money paid through the Distributor. Considering the aforesaid facts and circumstances surrounding this case, petitioner Bhupendra Singh is directed to be released on anticipatory bail in the event of his arrest or surrender within a period of six weeks in connection with Complaint Case No. 1068 of 1994 (Trial No. 374 of 2008) on furnishing bail bond of rupees ten thousand with two sureties of the like each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur subject to the conditions laid down under Sections 438(2) of the Cr.P.C. Sanjay (Sheema Ali Khan, J.)