IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.31 of 2009 Jitendra Singh, Son of Late Rajdeo Singh, resident of village- Dulma, P.S.-Madhuban, District-East Champaran. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 06 10.09.2009 The petitioner was elected Chairman of the Vidyalya Siksha Samittee of Government Middle School, Dulma. It is an elected post. He apprehends his arrest in Madhuban Police Station Case No.111 of 2008 for the offences under Sections 409 and 420 of the Indian Penal Code. In the F.I.R., which is lodged by the Block Education Extension Officer, it is alleged that certain money was sanctioned for construction of a new building of Government Middle School, Dulma. It was found that not only the construction was very poor but the constructed area was far less than the amount of money withdrawn in this behalf. It is alleged that it was the petitioner and others including the Headmaster and Secretary of the Vidyalya Siksha Samittee, who were responsible for the same. Petitioner states that all accounts are maintained by the Headmaster, money withdrawn by the Headmaster and the Secretary, the petitioner has no role to play in that. It is further stated that the Headmaster has written to the authorities to get the work completed at his own cost and the work has also been done. Petitioner has no hand in getting the work executed. It is the sole responsibility of the Headmaster and the responsibility for payment is on the Headmaster - 2 - and the Secretary. Having considered the matter, till investigation is completed, in the event of arrest/surrender within four weeks from to-day, the petitioner above-named shall be released on bail on his furnishing a bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, East Champaran at Motihari in connection with Madhuban Police Station Case No.111 of 2008, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)