IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27975 of 2009 KAMLESH PRASAD, Son of Late Shree Mahto, Resident of Village-Mahanandpur, P.S.-Nagarnausa, District-Nalanda. Versus THE STATE OF BIHAR ----------- 04. 07.11.2009 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 406, 409 and 420B of the Indian Penal Code. The report of the BDO stating therein that even though the ceiling of the school building is all right but there are cracks in the walls has been received which evidently would make the building insecure for children who are studying there, let the petitioner above named be released initially on provisional bail for a period of four months on furnishing bail bond of Rs. 5,000/- (Five Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Chandi (Nagarnausa) P.S. Case No. 325 of 2001 on the condition that one of the bailors will be a close relative of the petitioner who will give an affidavit - 2 - giving genealogy as to how he is related with the petitioner. The court below is directed to release the petitioner on provisional bail for a period of four months during which time the petitioner will rectify the defects in the building to the satisfaction of the BDO and obtain a certificate which would be filed in the court below and in case it is found to be satisfactory only then provisional bail granted to the petitioner will be confirmed. Vikash/- (Anjana Prakash, J.)