IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26380 of 2011 Gajendra Prasad Yadav, Son of Late Siya Ram Yadav, resident of Village & P.S. Gwalpara, District Madhepura. -------Petitioner Versus The State Of Bihar -----Opposite Party ----------------- 03/- 12/10/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 406, 420 and 379 of the Indian Penal Code, is one of the named accused in this case with allegation of causing defaulcation in mid day rice made available for a school. Submission is that through out in the investigation no error has been pointed out in stock register and consumption etc. of the rice. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph nos. 38 dated 04.08.2011 fails to refute such submissions. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnea, in connection with Jalalgarh P.S. Case No. 39 of 2011 subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)