IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33118 of 2011 Nand Kishore Manjhi, Son of Jitan Manjhi, In-charge Principal, Government Middle School Korari, P.S. Duraunda, District Siwan, Resident of Village Mathiya, P.S. Vijayeepur, District Gopalganj. -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 03/- 01/12/2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 78 dated 23/09/2011. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 409 of the Indian Penal Code, is solitary named accused in this case being In-charge Head Master of a particular school with allegation of receiving a sum of Rs. 1,18,500/- for distribution amongst the students, but only Rs. 14,000/- was distributed, Rs. 57,000/- was returned to the department and the alleged defalcation is Rs. 47,500/-. Submission is that this amount (Rs. 47,500/-) has also been distributed and list is annexed with this application. On the contrary, during investigation, there appears some statement of the students and also the list of the students, who are not provided with the benefits in spite of their entitlement. However, subject to decision of the case, petitioner is ready and willing to deposit the difference amount of Rs. 47,500/-. Considering the facts and circumstances of the case, in the event of deposit of the aforesaid amount with the department, subject to decision of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan, in connection with Daraunda P.S. Case No. 149 of 2010, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)