IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16323 of 2010 1. VIDYANAND DAS 2. NANDLAL SAH Versus THE STATE OF BIHAR ----------- 6. 04.02.2011 In spite of name appearing in counter affidavit having been filed, counsel for the informant is not present. Heard Learned counsel for the petitioners. The petitioners apprehend their arrest in Khagaria P.S.Case No. 12 of 2010 pending before the learned Chief Judicial Magistrate, Khagaria instituted under Section 409, 120 B of the I.P.C. It is, inter alia, alleged that the petitioners claiming themselves to be office bearers in one Arya Kanya High School, Khagaria have been made certain appointments in the School, which are wrong. As the consequence of wrong appointments they had defalcated some of money. Learned counsel for the petitioners states that the appointments may be right or wrong but that does not amount to defalcation. Moreover it is pointed out that the informant has desparetly tried to gain control of the school, in question, but having failed to do so, falsely filed the present case. Be that as it may, in the event of their arrest or surrender, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M, 2 Khagaria in connection with P.S.Case No. 12 of 2010, subject to the conditions, as laid down under section 438(2) Cr.P.C. Namita ( Navaniti Prasad Singh, J.)