IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20522 of 2009 BABLU MAHATO Versus STATE OF BIHAR With Cr.Misc. No.33410 of 2009 LAXMI RAJAK @ LAXMI PRASAD RAJAK Versus STATE OF BIHAR ----------- 4 13.11.2009 Both the applications arise out of same P.S. case number, have been heard together. Apart from fake purchase, shortage of 96.3 quintals of wheat was found in Nirmali Godown. The only defence of petitioner Laxmi Rajak @ Laxmi Prasad Rajak (Cr. Misc. No. 33410/09) is that stock verification was not done by authorized persons rather by one of the conspirators is of no substance. As about petitioner Bablu Mahato (Cr. Misc. No. 20522/09), he is stating himself servant of co-accused Shiv Narayan Mahato by differentiating his name Bablu Sah and Bablu Mahato. Cheques were issued in name of Bablu Sah and he is claiming himself as Bablu Mahato. If both are different persons then there was no need of connecting himself with co-accused Shiv Narayan Mahto. He is stating himself bearer of the cheques for Shiv Narayan Mahato. This much of his defence makes the allegation more serious. In the facts and circumstances, the prayer made in both the applications for anticipatory bail is rejected. 2 However, both the petitioners are directed to surrender in the court of Sub-Divisional Judicial Magistrate, Birpur at Supaul in Nirmali P.S.Case No. 41 of 2008 and pray for regular bail which shall be decided on its own merit without being prejudiced by this rejection order. A.I (Mandhata Singh, J.)