IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17333 of 2008 VIDYA PRASAD Versus STATE OF BIHAR ----------- 2. 13.5.2008 This is an application for grant of regular bail in a case under section 406 of the Indian Penal Code. Hari Narayan Paswan, Block Development Officer, Bagaha, lodged a first information report alleging therein that for construction of one room in a Government Primary School, Chiutaha, the petitioner was appointed as an agent. It is alleged that a sum of Rs.80,000/- was sanctioned for the said scheme and a sum of Rs.49,000/- was advanced to the petitioner. It is alleged that the petitioner worked to the tune of Rs.30,801/- and misappropriated the balance amount. Hence, this case. Learned counsel for the petitioner submits that the petitioner has completed the work to the extent of 46,300/- against the advance of Rs.49,000/-. Thereafter, he asked for further advance but no advance was made and hence, in the circumstances, he has not completed the work for lack of money. The petitioner is ready to deposit the balance amount. He, therefore, submits that the petitioner, who is in custody since 21st February, 2008, be released on bail. Considering the allegation together with the submissions made, the petitioner, Vidya Prasad, is directed to be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri J.P.Singh, Judicial Magistrate, 1st Class, Bagaha,West Champaran, in connection with Tr.No.403 of 2008,G.R. Case No.836 of 1998 arising out of Semra (Chiutaha) P.S.case No.34 of 1998. Md.S. (Anwar Ahmad)