IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No. 8886 of 2010 LAXMAN KUMAR SAH Versus STATE OF BIHAR --with-- Cr.Misc. No. 8527 of 2010 SUNIL KUMAR CHAUDHARY Versus THE STATE OF BIHAR --with-- Cr.Misc. No. 10148 of 2010 MANORANJAN PRASAD SINGH Versus THE STATE OF BIHAR ----------- 4/ 22.07.2010 Heard learned counsel for the petitioners and learned counsel for the State. Sunil Kumar Chaudhary is a contractor of the F.C.I. Under a contract he was to carry rice from Sarai Railway Station to F.C.I. Godown. 75 Trucks loaded with rice were carried to F.C.I. Godown but one of the trucks with rice did not reach the godown and that was recovered from one co-accused Deepak Sah. Now, it is the submission of the learned counsel for the contractor that recovered rice if was sold for Rs. 1300/- per quintal, according to F.I.R., he was to pay its compensation three times of his real price, i.e. Rs. 700/- and odd. So, in no case it was expected from him, he sold any bag of rice to anyone, while submission of the learned counsel is that petitioner Laxman Kumar Sah is owner of the truck. His truck 2 was running on contract with Transport Company and was to carry goods under the direction of Transporter or contractor. One truck of rice was taken to the godown from where it was recovered. Third one is Mnoranjan Prasad Singh, Godown In-charge, where rice was to carry. No liability can be fixed upon him if lesser bags of rice reached to his godown. Considering the facts and circumstances of the case, prayer of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order in connection with Sarai P.S. Case No. 139 of 2009, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur subject to the conditions as laid down under Section 438(2) of Cr. P.C. Shail ( Mandhata Singh, J.)