IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30095 of 2009 NARESH PRASAD RAJAK Versus STATE OF BIHAR ----------- 2. 1.9.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is in custody in a Police case under Sections 406/409 of the Penal Code. The allegations are with regard to defalcation by non return of a sum of Rs. 1,43,878/- as the balance amount after the construction work of the school was over in his capacity as incharge Headmaster despite direction to deposit the amount. The submission is that pursuant to the direction of the District Superintendent of Education, deduction at the rate of Rs. 5000/- per month totaling to Rs. 25,000/- has been made but could not be made further as he was taken into custody. He is ready and willing to continue deduction of Rs. 5000/- from his salary every month till such time the due balance is not liquidated. Learned counsel for the State does not oppose the prayer for bail in view of the aforesaid offer on the part of the petitioner himself, to repay the government money. Having considered the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two 2 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 540/2008. Even if a single installment of Rs. 5000/- is not deposited by the petitioner in payment of arrears as was submitted before this Court and on which persuasion the bail has been granted, the Court below either suo motu or on an application preferred by the prosecution shall proceed appropriately in the matter. P. Kumar (Navin Sinha, J.)