IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.12694 of 2011 MAHENDRA KUMAR & ANR. Versus THE STATE OF BIHAR ----------- 02 25.04.2011 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in a case registered under section 409, 420, 120 B of the Indian Penal Code and SC ST Act. The accusation against the petitioners is that they have misappropriated the Government money to the tune of Rs. 7,84,500/- by not doing the work under the various schemes. It is submitted by the learned Counsel for the petitioners that audit was done by a private agency on the basis of which the Programme Officer lodged the case. Whereas, the Government audit, reflects that the work was done as per the provisions of the scheme and the proper books of accounts as required by law, have been maintained by the agency. Considering the two conflicting reports, let the petitioners, namely, Mahendra Kumar and Sanjay Kumar, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in 2 connection with Forbisganj (Simraha) P. S. Case No. 235 of 2010 on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. The petitioners undertake to cooperate during investigation and any default by them will give liberty to the prosecution to file an application for cancellation of the bail of the petitioners. SKM (Dinesh Kumar Singh, J.)