IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26199 of 2011 Uma Shankar Pandey, S/o late Sri Sukhdeo Pandey, village-Merhkuri, P.S. Meskaur, District Nawada ………………Petitioner. Versus The State Of Bihar ………………………..Opp. Party. ---------------------------------- 2 5.8.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in a case under Sections 406, 409 and 120B of the Indian Penal Code. Initially, the case was registered as a complaint by one Ramu Rajbanshi who was Secretary of Education Committee. The said complaint was subsequently referred to the police for institution of the F.I.R. It is stated that Rs. 1 lakh 90 thousand was withdrawn from the Government account under joint signature of the petitioner as well as the informant and the same was handed over to a contractor, namely Sanjay Kumar, a co-accused. The allegation is that the work assigned was not completed to the tune of the amount advanced to the contractor. Learned counsel for the petitioner submits that the petitioner at the relevant time was the Head Master of the school and he retired on attaining the age of superannuation on 31.1.2010. There is no advance of the Government due against him and he is getting full pension. There is no departmental proceeding going on against him. Lastly, it is submitted that the liability of the contractor who is alleged to have received the amount in question for completion of work cannot be fastened against he petitioner. Taking into consideration the aforesaid submissions, coupled with the fact that the petitioner has already retired from service and the amount in question was entrusted to the contractor, let the petitioner, namely Uma Shankar Pandey in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Nawada in connection with Sirdalla P.S. Case No. 7/2010 subject to the conditions laid down under Section 438(2) Cr. P.C. S.P. ( Ashwani Kumar Singh, J. )