IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27741 of 2008 HALDHAR PRASAD MEHTA Versus THE STATE OF BIHAR ----------- 2. 22.8.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Bihar P.S. Case No.276 of 2000 for the alleged offences registered under sections 406, 420, 465, 466, 467 and 468 of the Indian Penal Code. It is submitted on behalf of the petitioner that on perusal of the allegation made in the F.I.R. it would appear that the alleged defalcation took place after 2.5.1997 when one Ajit Kumar unskilled Khalasi, the then in-charge Bill Clerk was posted. It is further submitted that the petitioner was posted in the said Division till 22nd of August, 1996 and thereafter he was transferred out of the said Division to Bhagalpur Division. As such, in connection with the alleged defalcation, the petitioner could not be implicated. It is further submitted that by order dated 13.8.2008 passed in Cr.Misc. No.28930 of 2008 (Annexure 2 12 to the supplementary affidavit filed today), the Executive Engineer, namely, Taranand Dev Arvind @ Taranand Devi Arvind to whom the petitioner had handed over the charge has been allowed anticipatory bail by this Court. The learned APP is not in a position to refute the submissions advanced on behalf of the petitioner. Considering the above, it is directed that the petitioner Haldhar Prasad Mehta, in the event of his arrest or surrender in connection with Bihar P.S. Case No.276 of 2000, within a period of eight weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Biharsharif, Nalanda, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)