IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27189 of 2011 Rajesh Rai @ Rajesh Kumar Rai, S/o Sri Sudama Rai, Headmaster, Primary School Ameya Puravi, Anchal Kateya, R/o village-Motipur, P.S.-Kateya, District-Gopalganj. Versus The State of Bihar ----------- 3 23.09.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends his arrest in connection with a case registered for the offence under Section 409 of the Indian Penal Code. It is submitted that the allegation of mis-appropriation of any amount of Mid-day Meal is not true. The petitioner had been allotted Rs. 2, 45,000/- (Rs. Two lakh forty five thousand) for construction of school building under Sarv Shiksha Scheme but no land was allotted and, hence, building was not constructed and the petitioner returned the amount to the District Superintendent of Education and a receipt was given in this connection. Today, a supplementary affidavit has also been filed bringing on record the copy of cheque amounting to Rs. 2, 45, 000/- drawn in favour of Bihar Education Project, Gopalganj and the receipt of cheque issued by official of Bihar Education Project, Gopalganj. However, I notice an endorsement on the receipt that the cheque though received is yet to be credited to the account of Bihar Education Project. At this stage, learned counsel for the petitioner submits 2 that the amount mentioned in the cheque has already been credited to the account of Bihar Education Project. Taking into consideration the aforesaid submissions, let the petitioner, namely Rajesh Rai @ Rajesh Kumar Rai in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/communication of this order, be released on bail on furnishing bail bonds of Rs. 5,000/- (Five thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 38 of 2011, G.R. No. 387/2011 subject to the conditions as laid down under Section 438(2) Cr. P.C. Sanjeet (Ashwani Kumar Singh, J.)