IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44263 of 2008 SUNIL KUMAR SINHA, son of late Ramchandra Prasad, resident of Mohalla Ram Bhawan Gareriakhand, Jehanabad, Police Station Jehanabad, District Jehanabad Versus STATE OF BIHAR ----------- 03/ 20.04.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 409 of the Indian Penal Code. He is alleged to be responsible for misappropriating 1439.36.106 quintals of wheat kept in 1539 bags of Godown No. 7 of Arrah Ware Housing in Arrah Town for which present case was registered in which he is apprehending his arrest. It is submitted on behalf of the petitioner, with reference to the charge report dated 3.1.2008 , 29.2.2008, as contained in Annexures-4 and 5 to this application, that the charge of the godown was handed over by the petitioner to Sri U.P. Verma much before the date on which the misappropriation is alleged, which fact, according to the counsel for the petitioner is also confirmed from the verification report prepared by the Divisional Manager, Sri P.C. Ojha dated 10.3.2008. Let the petitioner surrender in the court of Chief Judicial Magistrate, Ara, Bhojpur in connection with Ara Nawada P.S. Case No. 164 of 2008 within four weeks from 2 today and apply for regular bail relaying on the documents as contained in Annexures-4,5 and 6 to this application and if the court below is satisfied that petitioner had handed over the charge of the godown much prior to the date on which the misappropriation is alleged and the stock was also verified earlier on 10.3.2008 by the Divisional Manager, then appropriate orders be passed in accordance with law. Until such verification, no coercive steps be taken against the petitioner. This application is, accordingly, disposed of. Let this order be communicated to the court below through fax on payment of usual charges by the petitioner. Arjun/ ( V.N. Sinha, J.)