IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38963 of 2011 ====================================================== Ram Sagar Yadav .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Uma Shankar Pd. Singh. ====================================================== 2 23-11-2011 Heard learned counsels for the petitioner and the State. The petitioner being the P.D.S. dealer is apprehending his arrest in a case registered under Sections 420 and 406 of the Indian Penal Code. The accusation against the petitioner is that rice was supplied under Food for Work Scheme and Sampurn Gramin Rojgar Scheme and the total calculation has been made to the tune of Rs. 4,26,376/- out of which only Rs. 50,000/- was deposited by the petitioner. It is submitted by learned counsel for the petitioner that the supply was made in the year 2007 and the rice was in a very bad shape and due to flood also it got further damaged and in spite of repeated request, the rice was not taken back since it was not taken by any consumer which gets reflected from Annexure- 2 and 3. The further contention of the counsel for the petitioner is that at the relevant time the rice was directed to be sold at the rate of Rs. 6.45/- per kg where as calculation has been made at the present rate and the F.I.R. has been lodged after four years of the alleged supply though the grains got damaged in the flood of 2007. Considering the delayed lodging of the F.I.R which clouds the bona fide of the accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Roserra, under Samastipur District in connection with Roserra P.S. Case No. 124/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, J)