IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33866 of 2010 NAIPAL SHARMA Versus STATE OF BIHAR ----------- 02/ 4.11.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner apprehends his arrest in connection with Dumraon P.S. Case no. 151/2010 registered under sections 406,409 and 420 of the IPC. It is admitted position that at the relevant time, petitioner was Headmaster of Abhiyasarth Middle School, Dumraon and Rs 13, 18,348/- was sanctioned to construct the building of the aforesaid school. The aforesaid work of construction had to be monitored by a committee in which petitioner was a member. It appears from perusal of paragraph 8 of the bail application that the stand of the petitioner is that Rs 11, 47,500/- was deposited in the account of the committee on 30.4.2008 and subsequently, second instalment was deposited in the account of the committee on 30.12.2008. Perusal of the impugned order reveals that work of the building has already been completed except some few works that is fixing of pans and windows. Furthermore, order of the Sessions Judge reveals that prayer for anticipatory bail of petitioner was only rejected by him because he defied the order of the superior authority by not handing over the charge of said construction work. In the aforesaid circumstances, this anticipatory bail is allowed and it is ordered that the petitioner Naipal Sharma (Wrongly typed as Nepal in the order dated 30.8.2010 of Sessions Judge, Buxar) 2 in the event of arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Dumraon P.S. Case no. 151 of 2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J))