AB 3366/2011 BEFORE THE HON’BLE MR. JUSTICE BD AGARWAL This application under Section 438 Cr.P.C. has been filed by the accused/petitio ners namely, Sri Bhabendra Ch. Das and Md. Jeherul Islam praying for bail, appre hending their arrest, in connection with Dhula PS Case No. 232/11 U/S 409/270/50 6/34 IPC. Heard Mr. P. Sarma, learned counsel for the petitioners and Mr. BB Gogoi, learned Addl. PP, Assam. Perused the case diary. Petitioners are Headmaster and President of the school Managing Committee of No.2 Outala L.P. School. The allegation against the petitioner is t hat they used inferior quality of rice to prepare mid day meal for the students as a result large number of students fell sick and suffered from diorrhea. The o ther allegation is that Rs. 8.00 lacs was sanctioned for the construction of the school building but the school building has not been constructed. The petitioners’ case is that rice was kept on the kachha floor and, as such some quantity of rice got damaged. This statement of the petition ers cannot be accepted inasmuch as the rice under mid day meal scheme is being a llotted for more than a decade and during this period the petitioner should have made proper arrangement for storing the rice. With regard to the allegation of mis-appropriate of money, the p etitioners have not given any account of the utilization of the same. Hence, it is not a fit case for granting anticipatory bail. Accordingly, the bail application stands rejected. Interim granted on 4.11.2011 is hereby vacated.