IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37549 of 2008 RAJ KUMAR PRASAD SINHA SON OF LATE AWADH NANDAN PRASAD, RESIDENT OF VILLAGE- CHANDI, P.S. BARH, DISTRICT- PATNA, PRESENTLY RESIDING AT MOHALLA- POLICE COOPERATIVE COLONY, NEAR POLICE LOINE, P.S. AND DISTRICT- MADHUBANI. Versus STATE OF BIHAR ----------- 3 17.10.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under section 406, 409, 419, 420, 467, 468, 471/34 of the Indian Penal Code. The allegation against the petitioner is that while he was working as the Assistant Godown Manager some shortage was found in the Godown. It has been submitted on behalf of the petitioner that he retired from the job on 20th of September, 2004 and at the time of his retirement the charge was taken over by the next incumbent, however at that time no shortage was brought to the notice of this petitioner and after one years of his retirement the relevant register was filled up and thereafter it has been alleged that there is shortage. It is further submitted that although in course of investigation the stock register were shown to have been filled up, however there is no material on record to suggest that what was the quantity of food grains which were found available in the stock on the date of his - 2 - retirement, and as such, the petitioner can not be held responsible for the shortage, if any, found after his retirement. It is further contended that the present first information report has been lodged for ulterior purposes since the petitioner demanded to expedite the payment of his retiral dues. Learned Addl. P.P. appearing for the State, on perusal of the case diary, is not in position to refute the submission of the petitioner that the verification of the stock was not done at the time when the petitioner retired in order to fasten the liability. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of eight weeks from today, the petitioner, namely, Raj Kumar Prasad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Madhubani, in connection with Rajnagar P.S.Case No. 143 of 2005 ( G.R.No. 1798 of 2005) subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)