IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19681 of 2010 SURESH PRASAD SINGH Versus STATE OF BIHAR ----------- 02/ 15.06.2010 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Giriyak (Katrisarai) P.S. Case No. 178 of 2009 for offence punishable under Sections 409/34 of the Indian Penal Code. Substance of allegation against this petitioner who was the Headmaster of the concerned school is of misappropriation of an amount of Rs. 90,000/-. Learned counsel for the petitioner submits that there were three Committees set up by the Government for management of the up-graded schools and which were headed by the District Magistrate, the local Mukhiya and the Headmasters of the concerned schools. He submits that in so far as the financial power was concerned the same was vested with the local Mukhiya without whose permission not a single farthing could have been withdrawn from the Bank. He submits that the pass-book of the account itself shows that Rs. 40,000/- was withdrawn on 13.7.2009 and Rs. 50,000/- on 20.8.2009 to meet the expenses of food grains and purchase of other materials and that the rest amount was in the Bank account itself. He thus submits that the allegation of misappropriation of fund is not made out against this petitioner. He further submits that the petitioner has since been superannuated and is aged about 62 years. - 2 - Having regard to the submissions aforesaid, let the petitioner Suresh Prasad Singh be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Bihar Sharif in connection with Giriyak (Katrisarai) P.S. Case No. 178 of 2009. S.Sb/- (Jyoti Saran, J.)