IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44381 of 2008 Bishundeo Gupta @ Bishundeo Gupt, son of Late Ram Chandra Gupt, resident of Village-Naya Gawan Mahuawa, P.S.- Piprahi, District-Sheohar ……………………….Petitioner. Versus The State of Bihar ……………………………….Opposite Party. ----------- 4. 27. 03. 09. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Piprahi P.S. Case No. 70/07 for offence under Sections 406, 408 and 420 of the Indian Penal Code. It is submitted that petitioner took auction of rice kept in the godown of Ramashray Bhagat which was seized by the Government. F.I.R.was lodged bearing Piprahi P.S. Case 65/05 on account of seizure. On account of auction of the said rice the consideration money was fixed Rs. 17, 80,000/- Out of the same petitioner deposited Rs.4,45,000/- as first instalment. It is further submitted that petitioner has received only 602 quintal and odd in place of 4728 quintals and odd was seized. Petitioner has not deposited rest amount as there was no rice avialble in the godown for delivery. It is further submitted the petitioner has not deposited the rest amount for which no criminal case ought to have been lodged against the petitioner. Learned A.P.P. submitted that there is no stock of rice in godown and also submitted that only 602 quintal rice has been supplied to the petitioner in place of 4728 quintal of rice which was auctioned. Considering the facts and circumstances of the case, it is directed that in the event of arrest or surrender within four weeks from - 2 - today, the petitioner namely, Bishundeo Gupta @ Bishundeo Gupt shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Sheohar at Sitamarhi, in connection with Piprahi P.S. Case No. 70/07, subject to the conditions as laid down under Sub Section 2 of Section 438 of Code of Criminal Procedure. m.p. (Shailesh Kumar Sinha, J.)