IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22580 of 2010 ANAND PRAKASH RAM SON OF SRI NATHUNI RAM Versus STATE OF BIHAR ----------- 2. 13.7.2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 419, 420 and 409/34 of the Indian Penal Code. The prosecution case is that some cheques from the Block Office, Chhatapur went missing on which more than about 12 lakhs rupees were withdrawn. During investigation it transpired that in fact the beneficiaries of flood affected areas were desperate for relief and therefore the withdrawals were made by certain persons including the petitioner and part of the money was paid to the B.D.O. from the withdrawals as bribe. There is no material to suggest that the petitioner misappropriated any part of the government money nor has any beneficiary claimed that he paid the petitioner any part of the money he received. In view of such, let the petitioner above named, who is in custody since 22.4.2010, be released on bail on furnishing bail bond of Rs.5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in Chhatapur P.S.case No.158 of 2009, subject to the conditions (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will undertake to furnish information to the - 2 - court about any change in the address of the petitioner, (ii) that the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse and (iv) that the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. Narendra/ ( Anjana Prakash, J. )