IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7275 of 2010 KAUSHAL KISHORE SHARMA, son of Sidheshwar Singh, resident of Village – Charh, P S – Makhdumpur, District – Jehanabad. Versus STATE OF BIHAR THROUGH VIGILANCE ----------- 02. 26.02.2010 Heard leaned counsel for the petitioner and learned counsel for the Vigilance. Petitioner apprehends arrest in Special Case No. 27A of 2008 which arises out of Vigilance P S Case No. 39 of 2008. Allegation is that the petitioner who is a PDS dealer had defrauded the State ex-chequer by lifting stocks from the B.S.F.C. godown which was in excess of the actual payment. The difference between the stock lifted and the price paid is stated to be a little over rupees ten thousand in the case of the petitioner. Counsel for the petitioner submits that after the petitioner came to know about the institution of the case, he deposited the difference amount and the evidence thereof is annexure 3 and 3/1. According to him, no case is now left to be decided or tried. That is not a matter which this Court is willing to consider but looking at the allegation and the conduct of the petitioner, le the petitioner Kaushal Kishore Sharma in the event of arrest or surrender within four weeks in the court below, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, Vigilance-1, Patna in Special Case No. 27A of 2008 arising 2 out of Vigilance P S Case No. 39 of 2008, subject to the conditions as down under section 438 of the Code of Criminal Procedure. rkp ( Ajay Kumar Tripathi, J )