IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6937 of 2008 RAJESH RATAN JYOTI Versus STATE OF BIHAR ----------- 3. 5.5.2008. Heard the learned counsel for the petitioner as well as the State. Petitioner apprehends arrest in a case under sections 353, 384, 332, 186 and 34 of I.P.C. It appears from the record that the petitioner took cold storage on lease at Pandaul for 11 years from Biscomaun. However, after one year of the lease, personnels of BIADA sealed the cold storage on plea that the Biscomaun had no power to lease out the cold storage. Later on, the petitioner moved before the High Court and on the direction of the High Court, the BIADA was directed to unlock/unseal the cold storage. The officer of BIADA unlocked the cold storage. The allegation is that the petitioner and his men forcibly got a letter written by the informant and other officers with regard to damage of potato to the tune of ten thousand bags. It is submitted by the learned counsel for the petitioner that the entire case is false and baseless. This case has been filed in order to protect the office from payment of the damage. It is further submitted that on mere perusal of fardbeyan, it would go to show that the case is palpably false and baseless. It has been alleged in the FIR that the photo copy of the alleged document is being annexed with the fardbeyan which is not possible if - 2 - N.H./ the petitioner had obtained it forcibly. Case diary is on the record, it would appear that the witnesses have not supported the case fully. Having regard to the facts and circumstances, in case of arrest or surrender before the court below within four weeks of receipt of this order, petitioner, namely, Rajesh Ratan Jyoti is directed to be released on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Madhubani in Pandaul (Sakari) P.S. Case No.314 of 2007, subject to the condition as laid down under section 438(2) Cr.P.C. ( Ghanshyam Prasad )