IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17749 of 2009 TUNTUN MAHALDAR S/O CHAITU MAHALDAR, R/O BELAGOVIND TOLA, P.S. SARSI, DISTRICT PURNEA. Versus STATE OF BIHAR ----------- 4. 25.2.2010. Heard Mr. Ashok Kumar Jha, learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in connection with Sarsi P.S. Case No.70 of 2008 for the offence under Sections 341, 323, 379, 387/34 of the Indian Penal Code. Earlier by order dated 31.8.2009, a report was called for from the District Superintendent of Education, Purnea regarding the stage of construction of school building of Primary School Bela Govind in Banmankhi Sub Division and also on the point whether the informant namely Anita Kumari still happens to be the Principle of the said school or she stands transferred. Report has been received, which is kept at flag ‘P’. Perusal of the report indicates that construction of building has been completed and the informant is still working as Principal (Head Mistress) of the school in question. - 2 - Since the petitioner is in jail from 23.10.2008, it is desirable that he may be directed to be released on bail. Let the petitioner above named be released on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri M.K. Rai, lJ.M. 1st Class, Purnia in Sarsi P.S. Case No.70 of 2008 with a condition that on each and every date the petitioner shall remain present in court, failing which his bail bond shall automatically cancelled provided that in special exigency the petitioner can file a petition before the court below for prior permission for his absence on a particular date which may be considered by the court on its own merit. Further condition is that if any material is brought before the court below regarding threat/influence to any of the witnesses particularly the informant, who is the Principal of the school, the trial court shall immediately cancel his bail bond and steps should be taken to take him into custody without any reference to the court. - 3 - N.H./ With above observation and direction, the petition is allowed. ( Rakesh Kumar,J.)