IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24760 of 2010 INDU DEVI @ INDU KUMARI Versus STATE OF BIHAR with Cr.Misc. No.23488 of 2010 KANHAIYA YADAV Versus STATE OF BIHAR ----------- 2. 03.08.2010 Heard learned counsel for the petitioners and the State. Petitioners being Block Education Officer and Block Sadan Sevi of mid-day-meal Scheme are apprehending their arrest in a case registered under Sections 409, 420, 120(B) of the Indian Penal Code. It is alleged that 8 quintal of mid-day-meal rice supplied for the school children were tried to be sold in the market by the headmaster of Adarsh Middle School, Mairwa which was resisted by the villagers. It is alleged against the petitioner Kanhaiya Yadav that he was aware about the transportation of the rice but did not inform the authorities, nor took any action to stop the transportation. It is alleged against Indu Devi @ Indu Kumari that it was the responsibility of the Block Education Officer, Principal and the Contractor for proper utilization of grains of the mid-day-meal. It is submitted on behalf of Kanhaiya Yadav that 2 in distribution, receiving and utilization of grains for the mid- day-meal, he has no role to play more over the headmaster was the custodian of the rice and above all he was not present in the school on alleged date of occurrence i.e., 8.4.2010. It is submitted on behalf of Indu Devi that the headmaster of the school reported to S.D.E.O, Siwan cum incharge of mid-day-meal scheme about supply of rice being not fit for human consumption who in turn directed the petitioner to get the same auctioned vide its letter no. 187 dated 18.1.2009 and in compliance to the said order this petitioner issued the letter no. 438 dated 12.12.2009 directing the headmaster concerned, to arrange the auction on 3.1.2010 inviting the persons desirous to take part in auction which suggests that the petitioner has no mens rea and further more the auction amount was to be deposited in the account of school Education committee. Considering the aforesaid fact that there is direct allegation against the headmaster and the contractor, let the petitioners, namely, (1) Indu Devi @ Indu Kumari (2) Kanhaiya Yadav in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial 3 Magistrate, Siwan, in connection with Mairwan P.S. Case No. 56 of 2010, subject to the condition as laid down under Section 438(2) Cr.P.C. It is surprising that in the mid-day-meal Scheme first the grains are being supplied of sub-standard quality and then the authorities use to direct for its exchange or auction and invariably this plea is taken when the criminal cases are lodged. I am shocked that why the appropriate care is not being done prior to its supply and I wonder if any action is being taken against the supplier for supplying the sub-standard grains of mid-day-meal scheme. Let the copy of this order be transmitted to the Chief Secretary and Principal Secretary of the Human Resources Development Department. Anand Kr. ( Dinesh Kumar Singh, J.)