IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33937 of 2010 BRAJESH KUMARA Versus STATE OF BIHAR ----------- 02/ 9.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Admittedly, at the relevant time, petitioner was coordinator of NSS, Veer Kuwar Singh University, Bhagalpur. It is alleged in the complaint petition which has been filed by ex-student of the University that the petitioner being coordinator of the programme, embezzled fund of the aforesaid NSS programme but the materials available on record as well as impugned order of the learned Sessions Judge reveals that it is not a case of embezzlement rather it is case of diversion of fund of the aforesaid NSS programme. The contention of learned counsel for the petitioner is that, as a matter of fact, the aforesaid diversion of the fund had taken place at the direction of the Advisory committee which has been mentioned at paragraph 8 of his bail petition. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail is allowed and it is ordered that the petitioner(Brajesh Kumar), in the event of his arrest/ surrender within 30 days from the date of communication of the order, be released on bail in connection with Ara Nawada P.S. Case no. 140 of 2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J))