IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11218 of 2009 KULANAND CHOUDHARY, S/o late Heman Choudhary Versus THE STATE OF BIHAR ---with--- Cr.Misc. No.12390 of 2009 ARUN KUMAR SINHA, S/o late Jagdish Prasad Versus The STATE OF BIHAR ------ 2/ 16.04.2009 Heard learned counsel for the petitioners and learned counsel for the State. Submission of the learned counsel for the petitioners is that though case concerns with the defalcation of the money deposited by the member of the Cooperative Society. Petitioners have been shown treasurer at different point of time. According to them, they had no role to play for deposit or its disbursement. Cheque is issued by the President or Secretary and in their absence by Vice President then by the Joint Secretary and lastly only by Treasurer. But no such occasion arises in the whole tenure. Moreover, money handed over to M/s Chanakya Estate Developers Private Ltd., for allotment of land to the members who were instrumental in defalcation of money. Considering the facts and circumstances of the case, the prayer of the petitioners is allowed. In the event of arrest or surrender within one month from today in connection with Gardanibagh/Sachivalaya P.S. Case No. 410 of 2003, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Patna 2 subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)