IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.545 of 2009 MD.ASHFAQUE ALAM, son of Late Md. Fayaque Alam, village Mohania, PS Baisi, district Purnea.. Petitioner. Versus STATE OF BIHAR ----------- 2 6.2.2009 Heard learned counsel for the parties. The petitioner is an accused in a case under sections 406, 407, 409 and 120B of the Penal Code. The petitioner is the headmaster of a school. Birendra Kumar, husband of Suman Devi is an assistant teacher in the school where the petitioner is the headmaster. Birender was asked to encash a cheque of Rs. 1 lakh. After encashing the cheque Birendra Kumar alleged that he was looted by some miscreants for which Baisi PS Case No. 146/2008 was instituted. During investigation the Officer Incharge found that the case was doubtful and recovered Rs.10,000/- from the pocket of Birendra Kumar and Rs. 90,000/- from the dicky. Birendra Kumar is said to have told the police that the entire episode was at the instance of the petitioner and, therefore, a case has been lodged against the petitioner under sections 420 and 406 of the Penal Code. Learned counsel for the petitioner submits that having been caught Birendra Kumar cooked up a story which is absolutely false. Counsel for the State, on the other hand, submits that it does not appear an impossible allegation that there might have been connivance between the parties to share the booty. Be that as it may, the petitioner is directed to be released 2 on anticipatory bail in the event of his arrest or surrender within six weeks in Sadar (Dagarwa) PS Case No. 327/2008 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the C.J.M., Purnea, subject to the conditions laid down under section 438 (2) of the Cr.P.C. haque (Sheema Ali Khan, J.)