IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44810 of 2010 Raj Kishore Yadav, son of Harinandan Yadav, resident of Forbesganj, P.S. Forbesganj, District Araria, at present posted as Jank Block Prakhand Shiksha Padadhikari Offices, Jokihat. ------- Petitioner Versus The State of Bihar ------ Opp. Party ----------- 2 26.03.2011 Heard learned counsel for the petitioner and counsel for the State. Considering the fact that the allegation against the petitioner is one relating to misconduct as per the Service Rules, namely, not handing over charge of his post and office despite being transferred from the post and the specific assertion of the petitioner that he had made valiant effort to handover charge initially to the senior most teacher Smt. Pramila Devi who had refused to takeover charge from the petitioner, whereafter, the petitioner has handed over charge to the next incumbent, namely, Md. Mustak Alam under the order of the competent authority, namely, Block Education Extension Officer, Farbisganj and further that there is no specific allegation of embezzlement of any financial amount, this Court would direct for release of the petitioner, namely, Raj Kishore Yadav on bail in the event he would surrender within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Farbisganj P.S. Case No. 358 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to the following conditions:- 2 (i) The two bail bonds will be furnished, one by the Government servant and the other by a close family relative. (ii) The petitioner will remain present in course of trial on each and every day and his absence even for a single day would automatically entail the consequences of cancellation of his bail. (iii) The petitioner in case is now made accused in any other criminal case, that would itself lead to cancellation of his bail. Subject to the aforementioned conditions, the prayer for anticipatory bail of the petitioner is allowed. Rsh (Mihir Kumar Jha, J.)