IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33204 of 2009 RANBIR KUMAR, SON OF SRI BIRENDRA ROY, RESIDENT OF VILLAGE + P.O – SHASAN, P.S. – HASANPUR, DISTRICT - SAMASTIPUR Versus STATE OF BIHAR ----------- 02. 09.11.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under section 409 of the Indian Penal Code. It is submitted that the alleged books were being sold near the Bahadurpur Middle school in which the petitioner was directed to take charge of the store on 12th of April 2007 vide Annexure-6, whereas the alleged occurrence is of 10.03.2007. It is further submitted that there is no allegation of entrustment of those books to the petitioner in order to attract the offence under Section 409 of the Indian Penal Code. It is further submitted that there is no adverse materials against the petitioner and the contract on which the petitioner was appointed was extended by the department. Learned counsel for the State submits that the text books were being sold in the market and as such, it is not a case for anticipatory bail. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrarte, Samastipur in connection with Samastipur Town P.S. Case No. 133 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)