IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21978 of 2010 KALYAN KISHORE PURNENDU Versus STATE OF BIHAR ----------- 2. 01.7.2010. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Mansi P.S.Case No.11 of 2008 for offence punishable under Sections 269, 328 and 420/34 of the Indian Penal Code. Learned counsel for the petitioner submits that this petitioner is merely an employee in the Maya Tetar Lok Seva Sansthan Balwara in the district of Khagaria run by a Non Government Organization who was entrusted the supply of mid day meals to the students of the school of which the other co-accused Praful Kumar was the Secretary. He further submits that the allegation as set out in the first information report do not constitute any offence under sections 328 or 420 of the Indian Penal Code and that at best, the petitioner could be guilty of negligence in the preparation of the meals supplied. He further submits that the petitioner having a clean antecedent, deserves 2 consideration of his prayer in the circumstances that there were no casualty. Taking into consideration the circumstances and the submissions of the learned counsel for the petitioner, let petitioner Kalyan Kishore Purnendu be released on bail on his furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria in connection with Mansi P.S.Case No.11 of 2008, subject to conditions (a) that one of the close relative of the petitioner would stand as a bailor and who would indicate his genealogy with this petitioner by filing an affidavit,(b) the said bailor would be under a duty to inform the court below in case this petitioner is named or is involved in any further case of similar nature and whereupon, the court below will be at liberty to cancel the bail bond of the petitioner on grounds of misuse and (c) the petitioner would be attending the court below on each and every date fixed in the case and on failure on the part of the petitioner to attend the court below on two consecutive dates fixed without reasonable 3 explanation to the satisfaction of the court below, would entitle the court below to initiate proceedings for cancellation of his bail bond and for taking him into custody. ahk (Jyoti Saran, J.)