IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16346 of 2010 1. RAJ KUMAR PRASAD, SON OF LATE GYANCHAND SINGH, RESIDENT OF VILLAGE- SARAN, P.S.- NIMACHAK BATHANI, DISTRICT- GAYA. 2. BAIJANTI DEVI, WIFE OF BRIJ NANDAN PASWAN. RESIDENT OF VILLAGE- PATHARI P.S.- ATRI, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 3. 10.06.2010. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offences under Sections 420, 409 and 120B of the Penal Code alleging that a sum of Rs. 25,000/- was misappropriated by the petitioners in collusion with Parmeshwar Ravidas, the Secretary of the School Education Committee. It is submitted on behalf of the petitioners that the Secretary of the Committee has deposited the amount withdrawn as would appear from the order dated 08.12.2009 passed by the Additional Sessions Judge, III, Gaya whereunder his prayer for bail was refused. It is also submitted on behalf of the petitioners that later the authorities conducted an enquiry and in the light of the enquiry conducted petitioners were authorized to operate the bank account along with another senior teacher of the school Smt. Anita Kumari under Letter No. 138 dated 27.6.2008 and thereafter petitioners withdrew the amount of Rs. 25,000/- and got the building of the school completed and such fact is stated in paragraph-17 of the petition. Let the petitioners, named above, appear in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below and thereafter the Chief Judicial - 2 - Magistrate, Gaya should confirm from the Block Education Officer about the facts stated in paragraphs 16 and 17 of this petition and if he is satisfied that the statements made therein are correct, petitioners be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Atari P.S.Case No. 53 of 2008, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Confirmation in the light of this order be made within two weeks from the date of appearance of the petitioners in the court below and during the period of confirmation no coercive steps be taken against the petitioners. P.K.P. (V.N.Sinha,J.)