1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.43888 of 2011 Ramesh Kumar @ Ramesh Paswan Versus The State Of Bihar ---------------------------------- 2. 21.12.2011 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in Sahar P.S.Case No. 60 of 2011 for the offence u/s 409 IPC. As per the FIR, it appears that the petitioner is a dealer under Pubic Distribution System. It has been alleged that he had taken food grain for distribution under Sunishchit Rojgar Yojana, during the financial years 2001-2002 and 2004-05, but had not distributed the same or distributed lesser amount of grain and thereby misappropriated the government money. Against the petitioner, there is allegation that he misappropriated 471.67 quintals of food grains worth Rs.4,14,679.40. Learned counsel for the petitioner submits that actually food grins have already been distributed and this case has been filed without verifying or giving any notice to the petitioner. Petitioner has submitted that the he is prepared to refund any quantity of food grain, which on verification and proper accounting is found to have remained undistributed. He has stated that it is a matter of accounting and without verifying the records, the present case has been filed. He has also drawn my attention to the orders passed by this Court in C.W.J.C.No. 711 of 2011(Awadh Prasad Singh Vs. State of Bihar) and analogous cases and C.W.J.C.No.14924 of 2011 (Anupam Singh @ Anupam Kumar Singh and others Vs. The State of Bihar and others) which were disposed of by this Court after with a direction to the authority to give proper opportunity to the petitioner of 2 being heard in the matter and only thereafter punitive action be taken against them. In the facts and circumstances of the case, in the event of arrest or surrender within 4 weeks from to-day, petitioner Ramesh Kumar @ Ramesh Paswan is directed to 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 Chief Judicial Magistrate Bhojpur, Ara in Sahar P.S.Case No. 60 of 2011, subject to the conditions laid down u/s 438(2) Cr.P.C. on undertaking that the petitioner shall co-operate with the investigation/trial and will be physically present, if and when required. Jay/ (Shivaji Pandey, J)