IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5575 of 2011 Md. Shamshad Alam, Son of Md. Jahir, R/o-Vill.-Barahat, P.S.-Palasi, District-Araria. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 18.03.2011 The petitioner is in custody since 16.07.2010 in relation to Palasi P.S. Case No.18 of 2010 under Sections 409,420/34 of the Indian Penal Code. It is alleged by the informant, District Superintendent of Education on 27.12.2010 that cheque of Rs.5 lacs was issued in favour of the petitioner’s school, petitioner being the Headmaster thereof. The said money was encashed on 09.01.2008 but no work whatsoever has been done. It is, therefore, alleged that the petitioner along with the Secretary of the school defalcated the said amount. Learned counsel for the petitioner states that similar case was also instituted as against the petitioner and the Secretary has been roped. Before this one case was also instituted being Araria P.S. Case No.41 of 2010, in this case, being Cr. Misc. No.44001 of 2010 by order dated 21.01.2011 petitioner has been granted bail. It is submitted that in fact it is the Secretary of the School, namely, Md. Manzoor Alam who has defalcated the entire amount and is still at large. He had taken the said money to make payments to various suppliers and contractors but had failed to account for it for the work. Be that as it may, let the petitioner above-named - 2 - be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Palasi P.S. Case No.18 of 2010. Trivedi/ (Navaniti Prasad Singh, J.)