IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49129 of 2008 DURGA PRASAD UPADHYAY Versus STATE OF BIHAR ----------- 2 08.12.2008 Heard the learned counsel for the petitioner and the State. The petitioner is an accused for the offences registered under Section 409 of the Indian Penal Code. It is submitted that petitioner is District Manager of S.F.C. against whom there is only allegation that he has no control over the activities of his godown managers and as such petitioner cannot be said to have been committed offence of purchase. Learned Addl. P.P. appearing on behalf of the State on the other hand opposes the prayer for bail, however he is not in position to refute the submissions advanced on behalf of the petitioners. 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 four weeks from today, the petitioner, namely, Durga Prasad Upadhyay 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 learned C.J.M, Purnea in connection with Baisi P.S.Case No.34/08 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure V.K.Pandey Shailesh Kumar Sinha, J.