1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27305 of 2011 Kripa Shankar Tiwari S/o late Kalika Tiwari, R/o Village- Mokar, P.S. Agrer, District-Rohtas. --Petitioner Versus The State Of Bihar --Opp.Party With Criminal Miscellaneous No.35167 of 2011 Madan Pandey S/o Sri Niwas Pandey, R/o Village-Pipri, P.O. Gotapa, P.s. Agrer. District-Rohtas. --Petitioner Versus The State Of Bihar --Opp.Party 3 16.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Both these applications arise out of one and same P.S. case number and they are being disposed of by this composite order. Both the petitioners are named accused in this case respectively being Secretary and Principal of School which got approval and 2 sanction from Sanskrit Education Board for the year 1986. Allegation against the petitioners is that they got such approval on misrepresenting the facts and also utilized the benefits of mid day meals meant for the students. Whereas there is no such School in existence. Submission is that the dispute between the two groups, the petitioners, on one hand, and one Ram Ayodhya Pd. Singh, on the other, and almost since beginning attempts are made to over power particular School after fighting initially in writ jurisdiction before this Court. One Title Suit no. 45 of 1998 was also filed by rival group wherein besides petitioner Kirpa Shanker Tiwari the Bihar Sanskrit Education Board and its Chairman, both were made party, who, at no point of time, chosen to contest. However, on contest made by the petitioner, Mr.Tiwari, the Suit was, ultimately, dismissed by judgment dated 18thMay, 2001. The appeal was also preferred but permitted to be dismissed, of course for non- prosecution. However, steps are still on to get the 3 appeal restored and matter be finally adjudicated upon. In between, as regard to payment of salary and other benefits to the teacher engaged in the School matter action cropped up in writ jurisdiction to this court and certain orders have been passed. It is pointed out that matter is still pending in civil Review. It is also submitted on behalf of the petitioners that not even a single penny has been received against mid-day meal scheme and the School is running, teachers are yet to be paid their salaries due to series of litigation. Now there is criminal cases also at the instance of informant and other associates. Considering the facts and circumstances and long litigation, which is still pending, the petitioners, in the event of arrest or surrender within four weeks, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram, in Sasaram (Town) P.S. Case no. 427 of 2011, subject to the 4 conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioners shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)