IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1793 of 2009 Bhagwan Yadav, son of Nago Yadav, resident of village Garhi Bishanpur, P.S. Lakhisarai, District Lakhisarai………………………………………Petitioner Versus The State of Bihar……………………………..Opposite Party ----------- 02/ 24.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 406 and 409 of the Indian Penal Code. Learned counsel for the petitioner submits that he was earlier an In-charge Headmaster of the school concerned but he was transferred from that school in the year 2007 and much thereafter the instant case was lodged. He further submits that the allegation against the petitioner with regard to the construction of some class rooms of the school is absolutely false and fabricated, as the work of construction was done under the supervision of the School Committee, specially under its Secretary and cheques were issued also by the said Secretary and the signature of the petitioner was taken forcibly. He also states that the authorities are not even sure of the misappropriated amount, as a different amount is mentioned in the F.I.R. and another amount is shown in letter of the authority dated 07.08.2008. He also avers that this fact clearly shows that the F.I.R. has been filed without proper assessment of the work done with regard to the said constructions. 2 Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely, Bhagwan Yadav shall be released on bail on furnishing bail bond of Rs.10,000.00(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Chanan) P.S. Case No.540 of 2008, subject to the conditions as laid down under section 438 (2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)