IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18685 of 2008 CHANDRA SHEKHAR PRASAD Versus THE STATE OF BIHAR ----------- 3 20.8.2008 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State of Bihar. Petitioner apprehends arrest in a case registered for offences under sections 420,467,468 and 471 of the Indian Penal Code. Informant is the In-charge Principal of Primary School at Alipur. The informant further stated that the school has an account in Hilsa branch of Nalanda Central Co-operative Bank. The Account is jointly operated by the informant and school Secretary. The prosecution case is that the School Secretary Maya Devi in league with her husband Baiju Prasad and cashier of the bank withdrew the sum of Rs.1, 36,000/- from the bank. The informant claimed that he is having the original pass book with him. It is submitted by the petitioner that he is a cashier of the bank aforesaid and the cheque had come to him for clearance after being checked by other officials of the bank. Thereafter it was his duty to disburse the same after visual comparison of the signature endorsed on the cheque. He further submits that there was infighting between the informant and the aforesaid Maya Devi, the Secretary of the School. He further submits that Maya Devi has also filed a case being Complaint case no. 111C of 2008 dated 21.2.2008 in respect of alleged withdrawal of the said money against the present informant, the bank manager of the Bank and others. He further submits that the - 2 - informant two days earlier of filing of the instant case, had written a letter to the Branch manager of the Bank on 18.2.2008 making allegation against Secretary of Primary School, Alipur, namely, Smt Maya Devi that she has withdrawn the govt. money from the said account by using forged cheque and signature to the branch manager of the Bank and has made no allegation against petitioner therein. In the circumstances, provisional bail allowed to the petitioner under order dated 29.5.2008 in Hilsa ps case no. 66 of 2008 pending in the court of the Chief Judicial Magistrate, Nalanda at Biharsharif stands confirmed. Petitioner would not be absent physically for more than two consecutive dates till four witnesses are examined in trial. Let this order be faxed to the court concerned at the cost of the petitioner. Shashi. (S.P.Singh,J)