IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37771 of 2009 ANURAG KUMAR @ MIKKI Kumar, Son of Late Umesh Singh, resident of Village- Chhoti Tengrailla, P.S. Naubatpur, District-Patna. .......Petitioner. Versus THE STATE OF BIHAR......................................Opposite Party. ----------- 8. 24.05.2010. Heard learned counsel for the petitioner and counsel appearing for the State. The petitioner is languishing in jail in a police case registered under Sections 406, 420 and 414 of the I.P.C. Initially an F.I.R. was lodged with allegation that 9500 empty F.C.I. bags were sent on the centre for procuring the food grains but only 8000 empty bags were unloaded and driver named one Guddu Sharma @ Akshay Kumar, the contractor, with whom the Challan was lying. The name of the petitioner subsequently sprang up when it was stated by the witness that he used to come on the centre and create disturbance. It is submitted by the learned counsel for the petitioner that the petitioner is farmer and he was never entrusted with empty bags nor any empty bags were recovered from his possession and the petitioner has no criminal antecedent as the statement to that effect has been made in paragraph nos. 11 and 2 23 of the present petition. Moreover, the petitioner is languishing in custody since 11.09.2009. It is submitted by the learned counsel for the State that the petitioner’s name subsequently sprang up with allegation of creating disturbance at the collection centre as well as for misappropriation of the empty bags but the learned counsel for the State has not controverted this fact that no recovery has been made from petitioner’s possession and there is no specific evidence that empty bags were ever entrusted to the petitioner or he any way misappropriated them. Considering the submission of the learned counsel for the petitioner for the purposes of bail only, let the petitioner, Anurag Kumar alias Mikki Kumar be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Danapur, Patna in connection with Naubatpur P.S. Case No. 120 of 2009. U.K. (Dinesh Kumar Singh,J)