IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33589 of 2010 SIYA RAM SAH Versus THE STATE OF BIHAR ----------- 2. 7.10.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in connection with Turkauliya P.S.Case No.271 of 2009 for the offences punishable under section 409 of the Indian Penal Code and 7 of the E.C.Act. Substance of allegation against the petitioner, who is a licensed dealer under the Public Distribution System is of not being able to correctly account for the stocks for kerosene oil, rice and wheat. Learned counsel for the petitioner submits that the allegation as set out in the first information report is not correct as is demonstrated and appended in the complaint itself. Learned counsel, with reference to the extract of the stock register present at Annexure-2, submits that due to inadvertent error, although on the 18th October, a correct entry of the balance carried forward was made 2 of 2061 liters of kerosene oil but but by mistake the opening stock shows as 261. Learned counsel submits that the omission to mention ‘0’ in the quantity was an inadvertence as the carried forward stock is well evident from the previous days closing stock. He further submits that the excess quantity of the rice having been found is hardly an indication of any mal practices at the hands of the petitioner who is a registered dealer since the year 1985. He submits that the petitioner has never been subjected to any proceeding for violation of the provisions of the E.C.Act, since after the grant of license and in this background, his prayer for anticipatory bail may be considered. Taking into consideration the circumstances and the submissions of the learned counsel, let the petitioner Siya Ram Sah, in the event of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bond of Rs.10,000/- (ten thousand) with two 3 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya P.S.Case No.271 of 2009, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. ahk (Jyoti Saran, J)