IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2001 of 2009 Shubhnath Prasad, son of Gulvas Prasad, resident of village and P.O. Nema, P.S. Lar, District-Dewaria (U.P.) at present Head Master, Government Primary School, Patti Bandhu Rai, P.S. Bhagwanpur, District-Vaishali Versus State of Bihar ----------- 2. 1.5.2009 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a complaint case under Sections 420,406 and 409 of the Indian Penal Code in which cognizance has been taken under Section 417 and 406 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is Headmaster of the school and earlier on 31.5.2007 he lodged a criminal case under Sections 341,323,384,379, 504 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act against the husband and husband’s brother of the complainant and the present case has been filed as a counter blast to the same. It is also submitted that allegation regarding defalcation of money for the construction of school building is totally baseless as the same is being carried on under the supervision of the Government Engineer and the petitioner’s duty as Headmaster is only to look into the progress of the work. It is further submitted that none of the government officials involved in the matter have made any complaint against the petitioner. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Shubhnath Prasad, in the event 2 of his arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint case No. 565/08 to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to other applicable conditions as laid down under Section 438(2) Cr.P.C. S. Pandey (Ramesh Kumar Datta, J.)