IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42749 of 2009 MANISH KUMAR s/o Arvind Kumar Sah, resident of village-Shobhani, P. S.- Gangaur, District- Khagaria…. Petitioner. Versus STATE OF BIHAR . ----------- 2. 15.12.2009. Heard counsel for the petitioner. No one appears for the State. The petitioner who is facing prosecution for offence under sections 420, 409/34 of the Indian Penal Code to the tune that he had withdrawn a sum of Rs.1,95,000/- fraudulently from the bank has now come out with an offer that even though he was not at fault inasmuch as transfer of amount in his bank account was made by the clerk of the bank but then he is ready to refund it in easy instalments in view of the fact that said amount was withdrawn by him treating it to be his own amount. Considering the aforementioned offer of the petitioner this court would direct the petitioner to be released on provisional bail for a period of one month if he would deposit a sum of Rs.50,000/- by a bank draft in the name of informant Shanti Mishra at the time of his release on bail. The rest of amount i.e. Rs.1,45,000/- will be also paid by the 2 petitioner in five equal monthly instalments, Rs.29,000/- each again through bank draft in the name of Shanti Mishra informant and the provisional bail of the petitioner shall be also extended on month to month basis till full payment of Rs. 1,95,000/- by the petitioner to the informant. If the petitioner would fail to deposit any of the aforesaid five instalment his provisional bail to be extended on monthly basis on deposit of Rs.29,000/- would stand automatically cancelled. It is only on completion of payment of Rs.1,95,000/- in the aforesaid manner, that the court below shall confirm the provisional bail of the petitioner. It also goes without saying that the court below would release the six bank drafts for a sum of Rs. 1,95,000/- in favour of the informant Shanti Mishra within a week of its being deposited in the court by the petitioner. That being so, the petitioner namely Manish Kumar is directed to be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction 3 of C.J.M., Khagaria in connection with Khagaria P. S. Case No. 384/09, subject to fulfillment of aforementioned conditions as also that one of the bailors must be a close family member of the petitioner. It is made clear that the petitioner must remain present in course of trial and his absence for two consecutive dates shall make him liable for cancellation of his bail. KANCHAN (Mihir Kumar Jha, J.)