IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8570 of 2010 1.SRI SUKHDEO SON OF SRI KISHORI SHARMA, R/O MOHALLALINE PAR, MIRJAPUR, P.S. NAWADA, DIST. NAWADA ….PETITIONER. Versus STATE OF BIHAR ----------- 2 21.4.2010 Heard Mr. N.K. Agrawal, learned Sr. Counsel appearing for the petitioner and Mr. Ram Priyasharan Singh, learned A.P.P. for the State. Petitioner apprehends his arrest in connection with Nawada Town P.S. case no. 402 of 2009 dated 13.10.2009 registered under sections, 420, 409 of the Indian Penal Code. It is submitted that the petitioner is the Headmaster of Upgraded Middle School of Mangura Block and for construction of three class rooms Rs. 7, 42,000/- was sanctioned, out of which a cheque of Rs. 5, 56,000/- was issued in the name of the petitioner. According to him only allegation against him is that instead of constructing the class room in the school premises, same was being constructed at some other place at the dictate of Secretary of the School and, therefore, he denies the entire allegation of Criminal Breach of Trust or cheating . It is further highlighted that the petitioner has withdrawn Rs. 1, 29,800/-only out of which petitioner has already returned Rs. 90,000/- in the same account. It is also submitted that petitioner is prepared to return the balance amount of Rs. 39,800/- but it may not be construed as admission of guilt of the petitioner. In the aforesaid back ground and in view of fair stand taken by the petitioner, it is directed that balance amount of Rs. 39,800/- be deposited by the petitioner within a period of four weeks from today in cash in the court below. If the aforesaid amount is deposited by the petitioner within - 2 - the time frame fixed by this Court, then within the same period , in the event of his arrest or surrender in the court below, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nawada in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman