IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12477 of 2009 BHUP NARAYAN JHA, son of late Shesh Chandra Jha, resident of Keotsa-Bahyar, P.S.-Gaighat, Distt.-Muzaffarpur ---------Petitioner. Versus STATE OF BIHAR ----------- 5. 29.6.2009 Heard learned counsel for the petitioner and the State. Petitioner’s son is an employee of the complainant’s company. Allegation is about his collecting Rs.30 lacs and handed over the same to his father. Submission of the learned counsel for the petitioner is that there is no evidence in the case regarding positive receiving of the money save and except the witness set up by the complainant as money was handed over to the petitioner on road from the van. Responsibility, if any, can be fixed upon the employee if the embezzlement is found to be correct. Taking that into account, rejection of anticipatory bail is not justified. Having regard to the facts and circumstances of the case, prayer for anticipatory bail 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 Pirbahore P.S. case no.48 of 2009, 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 the C.J.M., Patna , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )