IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6617 of 2009 KAMLESH SHARMA S/O-Late Ramautar Sharma, R/O-Vill-Chitab Kala, P.S.-Sherghati, Distt.-Gaya. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 27.03.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered under Section 409 of the Indian Penal Code against the sole named accused namely the petitioner. Allegation is that under scheme of “Rashtriya Poshahar Yojna” allotment of rice was made for feed of the children of Class-I to Class-VIth. The Mukhiyas were directed to pick-up the rice for distribution among the students. The petitioner at that time was Mukhiya of a Gram Panchayat. The aforesaid rice was picked-up by the petitioner but it was not distributed. Submission is that the petitioner has submitted his reply in detail on 25.04.2005 and without properly ascertaining the grievance of the petitioner this false case has been lodged. Considering the facts and circumstances of the case, let the above named petitioner be released from custody on furnishing bail bond of Rs. 10,000/- (ten - 2 - thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sherghati at Gaya in connection with Sherghati P.S. Case No. 242 of 2008. kksinha/ (Shyam Kishore Sharma, J.)