IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26591 of 2008 RAGHU NANDAN PRASAD Versus THE STATE OF BIHAR ----------- 4. 24.09.2008 Heard learned counsel for the petitioner and the State. Petitioner, Depot Manager of Bihar State Beverage Corporation is an accused in a case for the offences registered under Section 409 of the Indian Penal Code. It is submitted that at the material time, the petitioner was Depot Manager and in-charge of the go downs Log book as would be appearing from page 108 of the petition which is part of the first information report. It is further submitted that as per the allegation in the Audit Report it was found on verification of the loss register that there was a shortage of 16856 bottles of English wine. He further submits that the audit report which is part of the FIR at page 46 would indicate that the go down log book register is prepared and maintained by the Depot, was found to be properly maintained, and as such, on account of not maintaining the loss register which indicate the loss of the aforesaid wine in question, petitioner cannot be held responsible. Learned counsel for the State submits that the complicity of the petitioner cannot be ruled out. - 2 - Considering the submissions as made above as well as the materials brought on record and the averments made in the petition, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, namely, Raghu Nandan 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 Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah (Muffasil) P.S. Case No. 71 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- (Shailesh Kumar Sinha,J)