IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39974 of 2010 NIRALA YOGENDRA KUMAR SON OF LATE KARU PRASAD, RESIDENT OF VILLAVE- OKNAWAN, P.S. DEEP NAGAR, DISTRICT- NALANDA, AT PRESENT POSTED AS HEADMASTER MIDDLE SCHOOL DEODHA, P.S. DEEP NAGAR, DISTRICT- NALANDA………………………………………… PETITIONER Versus STATE OF BIHAR……………………………… OPP. PARTY ----------- 2 8-11-2010 Heard learned counsel for the petitioner and learned counsel for the State. In this case under sections 409,420 and other sections of the I.P.C. the informant is a superior officer of the petitioner, Block Education Officer, Biharsharif, Nalanda. As per allegations, in spite of directions and order petitioner as a Headmaster of Middle School Deodha in the district of Nalanda did not submit accounts for the money under Mid- day meal scheme for the years 2005-06 and 2009-2010 According to learned counsel for the petitioner the petitioner took charge upon transfer as Headmaster of the school only in April,2007 and Mid-day meal became operational later on after December and hence as per annexure-2 the vouchers for the Mid-day meal for the years 2008-2009 and 2009-2010 were submitted on 30th July, 2010. This application is disposed of in the following terms. Considering that the F.I.R. has been lodged in 2 official capacity and the defence of the petitioner, it appears in the interest of justice that no coercive action be taken against the petitioner, Nirala Yogendra Kumar in Deep Nagar P.S.Case No. 166 of 2010 dated 1-9-2010 for a period of six weeks from today. During this period petitioner must submit all his defence papers and explanation before the informant i.e. Block Education Officer, Biharsharif, Nalanda who shall examine the defence of the petitioner and verify the papers with official records and in case he is satisfied that petitioner has given the accounts for the period he was the Headmaster in that case the informant shall make an official communication and send it to the I.O. as well as to the court concerned i.e. the court of Chief Judicial Magistrate, Nalanda at Biharsharif. Such report should be submitted by the informant within four weeks from the date petitioner submits his explanation and relevant papers before him. The petitioner must submit all relevant papers on which he is relying in the anticipatory bail within ten days. In case the report of the informant is in favour of the petitioner then the court below shall release the petitioner on bail on his furnishing bail bond of Rs.7,000/- with two sureties within 3 one week of the receipt of the report from the informant. In case the petitioner does not appear in the court below within one week of submission of report in that event the interim order granting protection shall stand vacated and this application shall stand dismissed. If cost is deposited, let this order be sent to the court of Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Deep Nagar P.S.Case No. 166 of 2010, by fax. Naresh ( Shiva Kirti Singh, J.)