IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26965 of 2010 MD.AJAZ KHAN, S/O ANAMUL HAQUE KHAN, R/O VILLAGE- BANTARA, P.S. HASPURA, DISTRICT- AURANGABAD (BIHAR). --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY With Cr.Misc. No.30781 of 2010 FAHIMUDDIN AHMAD, S/O S.S. FASIMUDDIN, ASSISTANT TEACHER MADARSA KHANKHAH, R/O MOHALLA- KABIRGANJ, SASARAM, P.S. SASARAM (TOWN), DISTRICT-ROHTAS. --PETITIONER Versus THE STATE OF BIHAR --OPP.PARTY 3 28.09.2010 Since both these applications arise out of one case, with the consent it is being disposed of by one common order. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioners are named accused in this case carrying allegation of committing defalcation of a sum of Rs.2,58, 600/- provided for distribution of bicycle to the girl students of the School wherein they are serving as teachers. During the course of argument, the petitioners undertake to 2 deposit the amount subject to final decision of the case. Considering the facts and circumstances, the petitioners, in the event of each of them depositing Rs.1,30,000/- (Rupees one lac thirty thousand) within six weeks from today and in the event of their surrender or arrest within the same period, are directed to be enlarged on bail on each of them furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas, in Sasaram (Town) P.S. Case no. 505 of 2010, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioners shall remain present before the court below till disposal of the case. If the petitioners fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad