IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44743 of 2008 KRISHNADEO RAI--------------------------------petitioner Versus STATE OF BIHAR--------------------------------opp.party ----------- 2. 24.11.2008 Heard learned counsel for the petitioner and the State. The school building was to be built and the petitioner appears the Secretary of the Shiksha Samiti, which is managing the construction. The petitioner appears, in fact, to be taking on himself the duties of the constructing of the building, which was raised upto lintel level. The petitioner withdrew an amount of Rs. 1,23,000/- for the purpose. In spite of repeated requests of the Headmaster the petitioner did not do it nor did he return the money forcing the Headmaster to approach law enforcing agency. The contention is that the petitioner could not complete the project on account of escalation of price of construction materials and that the petitioner was ready to pay the money. The Court would have accepted the second contention had the petitioner not been the Secretary of the school. It appears to the Court that mere a matter of showing authority and imposing behaviour, which is generally found 2 prevalent in Secretaries of such institutions for compels the Court to direct the depositing of the amount withdrawn by the petitioner. If the price had really escalated the petitioner could have at an opportune moment returned the money and taken up the matter with the authority with revision of the estimates. The petition is dismissed. (Dharnidhar Jha,J.) spal/