IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10297 of 2011 MD. SAMIULLAH SON OF MD. HASIM. Versus THE STATE OF BIHAR ----------- 2 04.04.2011 Heard learned counsels for the petitioner and the State. Let the petitioner make necessary correction in the prayer portion. The petitioner being the headmaster is apprehending his arrest in a case registered under Section 409 of the Indian Penal Code. It appears that Rs. 11,00,000/- were sanctioned for the construction of the building of the school and the petitioner being the Headmaster of the school was authorized to make construction. It is alleged that the work was not completed. It is submitted by learned counsel for the petitioner that the work could not be completed due to flood and ill health of the petitioner but the petitioner is ready to complete the work within six months. In the circumstances, let the above named petitioner, be released on provisional anticipatory bail 2 for six months for complying the aforesaid undertaking after taking due permission from Human Resources Development Department, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub- divisional Judicial Magistrate, Birpur in connection with Birpur P.S. Case No. 137/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. On completion of the work, the petitioner will appear before learned court below before expiry of six months with completion certificate of the competent authority when the learned S.D.J.M., Birpur will pass an appropriate order with regard to the regular bail of the petitioner in view of the ratio as laid down in the case of Bishundeo Sahu Vs. State of Bihar as reported in 2011(1) P.L.J.R 763. Amrendra/- (Dinesh Kumar Singh, J.)