IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34365 of 2009 SUNIL KUMAR, SON OF ARBIND GUPTA, RESIDENT OF VILLAGE MARAR, POLICE STATION MORKAHI, DISTRICT KHAGARIA……………………………………………PETITIONER. Versus THE STATE OF BIHAR………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. Vivekanand Singh, Advocate. For the State : Mr. Md. Ansarul Haque, A.P.P. -------------- 2. 13.10.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 420, 429, 467, 468 and 120-B of the Indian Penal Code. The petitioner happens to be a teacher in the Harijan Kanya Primary School. It has been stated in the First Information Report that during the course of surprise inspection, made by the concerned Mukhiya (the informant), the petitioner was found absent. The Headmaster of the said School had informed him that without any information the petitioner was absent. It also appears from the F.I.R. that even though the petitioner was absent from the duty from the month of January, 2006 till the month of February, 2007, he drew the salary of the aforesaid period with the connivance of the other accused Subhash Chandra Paswan. It has been submitted on behalf of the petitioner that the Mukhiya is neither empowered to hold inspection nor is she entitled to take action against him. The petitioner is stated to be in judicial - 2 - custody since 10.8.2009. Having regard to the facts and the circumstances of the case, the petitioner, Sunil Kumar, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Allauli P.S. Case No.97/2008. P.S. (Dr. Ravi Ranjan,J)