IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11867 of 2009 MADAN SHARMA Versus STATE OF BIHAR ----------- 2 21.4.2009 Heard learned counsel for the petitioner and the State. The submission of learned counsel for the petitioner is that petitioner is one of the members of the committee having no active participation in construction of the school building though he signs the cheque with secretary jointly for its withdrawal. According to learned counsel, he was asked to show cause in the year 2004 that the building was not being constructed as per sanctioned map. He replied the same that he was told that the Junior Engineer was there for the said purpose and the map was with him but actually that was not for rural areas, more over an amount of Rs. 1,55,703.09 paise remained balance as the construction work stopped and cement and rod of Rs. 20,000/- remained at the place of construction. Allegation against him was about using of sub-standard material in construction of the building but in the circumstances suggested above it was not of such nature which can be justified for refusal of petitioner’s anticipatory bail. I agree with the submission. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Masaurhi P.S.Case No.271 of 2007, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten - 2 - thousand) with two sureties of the like amount each to the satisfaction of Sub-divisional Judicial Magistrate, Masaurhi, subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI