IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9691 of 2011 Md. Nurullah Versus The State Of Bihar ----------- 2 24.06.2011 Heard learned counsel for the petitioner and Mr. J. N. Thakur, learned counsel for the State. The petitioner being the teacher in the middle school is apprehending his arrest in a case registered under Section 409 of the Indian Penal Code. It is alleged that Rs. 11,26,000/- was given to the petitioner for constructing the building of the school. The accusation is that the work could not be completed within stipulated time. It is submitted by the learned counsel for the petitioner that since, the wife of the petitioner was ill hence, the construction of the building was not completed but the major work has already been done. In the circumstances, let the above named petitioner, be released on provisional anticipatory bail for six months, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 2 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari in connection with Phenhara P.S. Case No. 12/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. In the meantime, the petitioner undertakes to complete the work. Learned court below will only confirm the provisional bail of the petitioner, if the petitioner completes the work as per specification and produces the completion certificate from the competent authority. Amrendra/- (Dinesh Kumar Singh, J.)