IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45328 of 2010 SATYA NARAYAN SINGH S/O- LATE GHANA SINGH Versus THE STATE OF BIHAR ----------- 2 26.03.2011 Heard learned counsel for the petitioner and the State. Petitioner seeks anticipatory bail in Deshri P.S. Case No. 138 of 2010 instituted under Sections 406, 409 and 420 of Indian Penal Code. Petitioner is serving as Headmaster of a Government Middle School. As per F.I.R. lodged by Block Education Extension Officer, Deshri, huge advancements were made to the petitioner in different heads details whereof have been stated in the F.i.R. itself. It is the case of the prosecution that in spite of notice/letter issued by the Department, the petitioner has not accounted for those amount/fund received by him by submitting vouchers. Learned counsel for the petitioner, with reference to different annexures attached along with the application, tried to convince this Court that owing to his illness, vouchers could not be submitted in time. It is also submitted that he is ailing and currently on leave without pay. It is submitted that he is ready to account for the funds received by him. Considering the submissions advanced on behalf of the petitioner, this Court directs that in the event of 2 arrest or surrender in the Court below within a period of five weeks from today, petitioner shall be released on bail during the period of investigation on furnishing bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Desari P.S. Case No. 138 of 2010 subject to the condition as laid under Section 438(2) of the Code of Criminal Procedure with further condition that one of the bailors shall be own close family member of the petitioner. The privilege granted under this order is confined to the period of investigation only. Petitioner shall utilise this protection to appear and assist in investigation and to satisfy the informant explaining/accounting for the amount/fund received by him under different developmental heads from the Government. If the occasion arises for bail after submission of charge-sheet, the petitioner would surrender and apply for bail in the Court below itself which shall be considered and disposed of in accordance with law. pkj ( Kishore K. Mandal, J)