IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.48779 OF 2008 SAJIDUR RAHMAN, SON OF LATE SAIFUR RAHMAN, RESIDENT OF VILLAGE CHANDARDAI, POLICE STATION ARARIA, DISTRICT ARARIA VERSUS STATE OF BIHAR ******* 2 10.12.2008 Heard the parties. Offences alleged are under Sections 409, 420, 465, 467, 471 of the Indian Penal Code and Section 3(x) of the SC & ST Act. It is submitted that the petitioner at the material time was the Assistant. The allegation is that the bill for payment of retrial dues although passed by the Competent authority were not paid to the informant on repeated persuasion. The further allegation is that the cheque amount against the retrial dues were misappropriated by the accused persons. The submission is that there is no specific allegation against the petitioner and secondly the petitioner being the Assistant was never the custodian of the cheques and the petitioner has no role in passing of the bill for payment. Learned Counsel submits that on perusal of the FIR it would be evident that the allegations for the alleged offences under the SC & ST Act does not attract as required under the law. The learned A.P.P. appearing on behalf of the - 2 - State is not in a position to refuse the submission. Considering the facts and circumstances of the case, in the event of arrest/surrender before the Court below within a period of four weeks, the Sajidur Rahman is directed to be released on bail in Raniganj Police Station Case No. 37 of 2005 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria. Anand ( Shailesh Kumar Sinha, J.)