IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12189 of 2010 1.RAMAKANT ROY 2.BIRAJNANDAN PRASAD 3.SADABRIKSH RAM Petitioners Versus STATE OF BIHAR O.P. ----------- For the petitioners : Mr. D.K. Sinha, Sr. Advocate. For the State : Mr. Murlidhar, A.P.P. ------------- 2 5.5.2010 Heard the parties. In a criminal prosecution for offences under section 406, 409, 420, 467 and other allied offences under the penal Code, all the three petitioners are named in the FIR as accused. Petitioner no.1 is the Principal of Upgraded Middle School Bhatta and Chairman of Motivation Centre running in the school. Petitioners no.2 and 3 are said to the teachers in that middle school. According to the FIR vide Annexure-1 Rs. 3, 50,000/- was released in favour of petitioner no.1 for purchase of various articles for the use of students of that motivation centre at Bhatta in the District of Nawada. Against petitioner no.1 there is specific allegation that either he purchased the materials of substandard quality detailed in the FIR or he has not purchased the materials of requisite number. The allegation against petitioner no.1 appears to be very specific. However, so far petitioners no.2 and 3 are concerned, they are teachers working in that motivation centre but there is no direct allegation about their involvement in the purchase of those articles for which the fund was released by the District Magistrate. Learned counsel appearing for the petitioners submits that allegations are vague and there is no material on record to show that the petitioners have committed Criminal Breach of Trust with respect to Govt. fund released by the District Magistrate. - 2 - Be that as it may, in view of the fact that there are certain specific allegation against petitioner no.1 about purchase of certain substandard quality of materials and/ or for not purchasing of some other materials of requisite number which is mentioned in the FIR vide Annexure- 1, his prayer for anticipatory bail is rejected. Petitioner no.1 must surrender in connection with Roh P.S. Case no. 02 of 2010 within a period of four weeks from today and seek regular bail, if so advised, which may be considered and disposed of on its own merit without being prejudiced by the present order. However, in the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks from today, petitioners No. 2 and 3 shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nawada in connection with Roh P.S. case no. 02/2010, subject to the conditions laid down undedr section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman