IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10644 of 2008 With Cr. Misc. No.12799 of 2008 **** SURENDRA KUMAR SINGH .. PETITIONER (in Cr. Misc. No.10644/08) ANIL KUMAR SINHA & ORS. .. PETITIONERS (in Cr. Misc. No.12799/08) Versus THE STATE OF BIHAR .. OPPOSITE PARTY (in both the cases) **** /5/ 08.09.2008 Heard the counsel for the petitioners and the State. 2. Wazirganj P.S. Case No. 139 of 2002 was registered for offence under Section 408 of the Indian Penal Code. Allegation is that the food grains supplied for distribution under Antoyodya Scheme was not unloaded at the shop of different dealers of Public Distribution System and the same has been black marketed/misappropriated by the Assistant Godown Manager in conspiracy with the Public Distribution System dealers. Petitioner, Surendra Kumar Singh (in Cr. Misc. No. 10644 of 2008) was the Assistant Godown Manager at the relevant time and petitioners, Anil 2 Kumar Sinha, Nagendra Kumar and Ajay Kumar Sinha (in Cr. Misc. No. 12799 of 2008) were Public Distribution System dealers. Counsel for the petitioners submits that a case which was registered in the year 2002, charge sheet has been submitted on 24.12.2007 without any investigation and without finding any material though on physical verification food grains were found in the shop of Public Distribution System dealers. 3. Considering the facts, the prayer for anticipatory bail on behalf of the petitioners, above named, is allowed. They are directed to be released on anticipatory bail, in case of their surrender before the Court concerned within four weeks from today, on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Wazirganj P.S. Case No. 139 of 2002 to the satisfaction of the Chief Judicial Magistrate, Gaya, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. S.A. ( Mridula Mishra, J. )