IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 30005 of 2011 Sita Ram Das, S/o Sri Dwarika Das. Versus The State of Bihar ------------------ 03. 02.12.2011 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case registered under Sections 409 and 420/34 of the Indian Penal Code. The allegation against the petitioner who was the Block Education Officer is that there was some certain irregularities committed in constructions of the school and the mid day meal scheme and distribution of study material to teachers. With regard to the school construction having remained in-complete the petitioner submits that as B.E.O. he had no role to play and with regard to distribution of mid-day meal there is no allegation that he had defalcated the grains. The further allegation against the petitioner for non- distributing of study material to teachers learning is that there is only one voucher which shows non supply of the same. Considering that at best it would be a case of irregularity and there is no allegation of defalcation against the petitioner, let him be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of four weeks from the date of receipt of the order on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each or any other surety as fixed by 2 the Court to the satisfaction of Chief Judicial Magistrate, Buxar in connection with Buxar (M) P.S. Case No. 144 of 2011 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as also subject to the following conditions:- (i) That one of the bailors shall be local since the petitioner belongs to Vaishali and the other bailor shall be the wife of the petitioner namely Jai Mala Devi. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail. (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on the ground of misuse. (iv) That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. (v) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. Vikash/- (Anjana Prakash, J.)