IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3974 of 2009 Shambhu Paswan son of Gaja Paswan., resident of village Rakshi,P.S.Fatehpur,Distt.Gaya Versus State of Bihar ----------- 4 8.5.2009 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner apprehends his arrest in a case registered under Sections 406, 409/34 and other ancillary Sections of Indian Penal Code. It is submitted that the food grains were to be distributed amongst the people which were allotted under Food for work programme by the local authority, namely, the B.D.O. The petitioner is alleged to have failed to give account for certain quantities of rice so received by him in the year 2005. It is contended on behalf of the petitioner that there was default in issuing permit and as such beneficiaries could not be given rice(food). It is further contended that the petitioner has already deposited a sum of Rs.30,000/- on 6.3.2008 for the left out rice in his possession at the Government rate. It is further stated that on similar allegation co-accused Krishna Prasad (another PDS dealer) has been granted bail by a Bench of this Court in Cr.Misc.No.29825/2008 on 1.10.2008(Annexxure-2). Having regard to the submissions advanced on behalf of the petitioner and after going through the record, I am inclined to extend him the privilege of anticipatory bail. Accordingly, the - 2 - petitioner,namely, Shambhu Paswan on his arrest/surrender within four weeks, shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten thousand)with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S.Case No.41/2008, subject to the conditions as laid down under Section 438(2)Cr.P.C. SKBOSE (Kishore K.Mandal)