IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37455 of 2011 Hari Narayan Choudhary son of late Sri Chandra Choudhary, resident of village-Karhagola, P.S.- Barari, District- Katihar Versus The State of Bihar ----------- 2. 14.11.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under sections 406, 420 and 427 of the Indian Penal Code. It is submitted that from the allegations made in the first information report ingredients of the offence are not attracted. The rotting of potatoes in the cold storage is admitted. The petitioner is a victim and sufferer on account of rotting of potatoes and he cannot be said to be a beneficiary. There is nothing on the record to show that the petitioner had any dishonest intention right from the beginning when the potatoes in question were kept in the cold storage or he misappropriated any amount. Non-payment of compensation to the persons who stored potatoes in cold storage would not attract prosecution. Be that at it may, considering the nature of allegation, facts and circumstances of the case, let the petitioner named above, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Korha P.S.Case No.219 of 2011 subject to the 2 conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)