IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40994 of 2008 MURALI YADAV Versus STATE OF BIHAR ----------- 2/ 16.10.2008 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. Initially a case was registered under Sections 461, 379 of the Indian Penal Code on 09.04.2008 but it appears that vide order dated 20.05.2008 Section 411 of the Indian Penal Code was added. The informant is Incharge of Headmaster of Middle School and in his report he alleged that 84 bags of cement and other building materials were kept in the school and when he went to the school, he found that the aforesaid article was missing. The petitioner was guard of the school. In course of investigation the cement was recovered from the houses of Ram Niwash Singh and Chirkut Sah. Submission is that the Chirkut Sah has already been enlarged on bail vide order dated 17.07.2008 in Cr. Misc. No. 24175 of 2008. This may be a case of negligence for which criminal liability cannot be fixed. Considering the facts and circumstances of the case, the petitioner Murali Yadav is ordered to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur (Bhabhua) in connection with Durgawati P.S. Case No. 34 of 2008. kksinha/ (Shyam Kishore Sharma, J.)