IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31106 of 2008 KAMESHWAR PRASAD @ KAMESHWAR MAHATO Versus STATE OF BIHAR ----------- For the petitioner - Mr. Uday Kumar, Adv. For the State - Mr. Upendra Kumar, A.P.P. --------------- 2. 13/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has been made accused in a case instituted under Sections 406 and 420 of the Indian Penal Code at the instance of the informant Gano Kewat. Petitioner is a P.D.S. dealer. Allegation against the petitioner is that the informant and others were not being supplied the ration of their quota since the year 2000 and the same was being misappropriated by him. Learned counsel for the petitioner submits that though the allegation is that since the year, 2000, even after allotments were being made, petitioner was not distributing the allotted ration to the B.P.L card holders including the informant, but, no case has been lodged against the petitioner either by the authorities concerned or by the informant on any earlier occasion. After waiting for seven years, this case has been instituted. He submits that after surrendering, the petitioner is in Jail custody since 21.6.2007. Learned counsel for the State submits that the allegation against the petitioner is of non-distribution of allotted - 2 - ration to the B.P.L. card holders. In the facts and circumstances of the case, Petitioner Kameshwar Prasad @ Kameshwar Mahato is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Barh, Dist. Patna, in connection with Barh (Belchhi) P.S. Case No. 10 of 2007. S.Ali (Dr. Ravi Ranjan, J.)