IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23160 of 2009 KRISHNA DEO CHOUDHARY son of Ram Bahadur Choudhary, resident of village- Rampur Jalalpur, P.S.- Dalsinghsarai, District- Samastipur. Versus STATE OF BIHAR ----------- 2 17.08.2009 Heard learned counsels for the petitioner and the State. The offence alleged is under sections 420, 409 of the Indian Penal Code. The allegation against the petitioner is that while he was working as Head Master certain amounts were entrusted to him as also the Secretary of the School Committee for construction of the school building and he got the construction without obtaining the technical report and on enquiry it was found that there was seepage in one of the corners of the ceiling of one of the rooms. It is submitted on behalf of the petitioner that there is no allegation of misappropriation or of commission of criminal breach of trust, as a matter of fact, the amount given was incurred in construction of the building, which is not denied. Learned Addl. P.P. appearing for the State submits that the petitioner started the construction work without obtaining the technical report, and as such, the fund was not utilized properly. 2 Considering the facts and circumstances of the case, it is directed that let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Rosera, in connection with Bibhutipur P.S. Case No. 265 of 2008. Manish/- (Shailesh Kumar Sinha,J)