IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11227 of 2010 1.GOPI CHAND RAM son of Sri Kodai Ram Resident of village Srirampur,P.S. Bela, Dist. Sitamarhi At present resident of village + P.O. Aamghatta, P.S + Dist. Sitamarhi. …..Petitioner. . Versus THE STATE OF BIHAR…………………….O.P. ----------- 2 28.4.2010 Heard the parties. Petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 644 of 2009 dated 11.11.2009 registered under section 379 of the Indian Penal Code and some other minor or bailable offences. It is submitted by learned counsel for the petitioner that he is an assistant teacher at Govt. Middle School Aamghatta in the Dist. Of Sitamarhi. Petitioner, his family members and relations at one side and the informant and his supporters on the other sides are on inimical terms from before and for that reason the present case has been lodged against the petitioner with all baseless and false allegation. Learned counsel for the State has opposed the prayer for anticipatory bail and has pointed out that in the FIR vide annexure-1 there is specific allegation against the petitioner of snatching of Rs. 13,000/- from the pocket of the informant and the aforesaid amount was given to the informant under Indira Awas Yojana for construction of a house. In reply, while denying the aforesaid allegation of theft, learned counsel for the petitioner has taken a fair stand that his client is prepared to deposit Rs. 13,000/- in the court, which may be subject to out come of the trial provided it is not construed to be admission of guilt by the petitioner. Be that as it may, in view of the fact that petitioner is a Govt. servant and is prepared to deposit Rs. 13,000/- in the court subject to out - 2 - come of the trial, in the event of his arrest or surrender in the court below within a period of four weeks from today, petitioner above named shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Sitamarhi in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further condition that petitioner must deposit the aforesaid amount of Rs. 13,000/- in the court below before furnishing the bail bond. Non-compliance of the aforesaid condition about the deposit of the money within the time frame would be construed that the prayer made on behalf of the petitioner for grant of anticipatory bail has been finally rejected by this Court. However, it is made clear that the amount deposited by the petitioner shall be subject to out come of the trial. ( Birendra Prasad Verma, J. ) M.Rahman