IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42994 of 2010 RAKESH PRASAD SINGH @ RAKESH PD.SINHA,sonoflateKesho Prasad Sinha Block EducationOfficer, nanpur, Dist-Sitamarhi. Versus THE STATE OF BIHAR ----------- 2 26.3.2011 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is an accused for offences punishable under section 409 and 420 of the Penal Code. 3. Learned counsel for the petitioner submits that he is the Block Education Officer and allegation is that due to connivance of the petitioner with the head master of the concerned school 34 quintal of rice has been misappropriated. He further submits that the petitioner has sent the entire rice to the girls middle school for which receipts of the head master have been duly issued, may be a bit late. 4. Learned counsel for the petitioner also states that in the aforesaid facts and circumstances there is no question of misappropriating any portion of the said rice and the said 34 quintal of rice or any part thereof never remained with the petitioner. He also avers that from the F.I.R filed at the instance of B.D.O., it is quite apparent that the allegation has been leveled only on the suspicion. 5. Considering the aforesaid facts and circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender within fifteen days from the date of 2 receipt/production of a copy of this order, the petitioner, namely, Rakesh Prasad, is directed to be enlarged on bail on executing bail bond of Rs. 10,000.00(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate Sitamarhi in connection with Nanpur P.S. Case No. 156 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Prakash (S.N.Hussain, J.)