IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37019 of 2008 SACHIDA KUMAR SINGH Versus STATE OF BIHAR THRU.VIG. ----------- 2. 1.10.2008 Heard. The petitioner was the Assistant Godown Manager who was put In-charge of three godowns in three different blocks, namely, Garkha, Sadar Saran and Khalpura. It appears that three godowns were searched the documents were looked into and the stock existing in them were also physically verified. The details of the verification appears in paragraphs 1, 2 and 3 of FIR. It was found that the stock position shown as available in the relevant registers of stock, issue or sell was found not tallying with that found on physical verification in the godown at Garkha. The stock of wheat and rice was found in excess by 13 bags and 45 bags respectively. As regards the result of the verification of the stock in Khalpura, wheat was found short by 277 bags, rice was found in excess by one bag and paddy was found in excess by 590 bags. So far as the stock position in Sadar, Saran godown was concerned, it was found short as regards wheat and rice by 469 and 90 bags respectively. It was - 2 - stated that the shortages were on account of wheat being sold in black-market by the petitioner and the excess stock position was because in spite of having shown the supply of the commodities, the petitioner had not really supplied it to dealers so as to selling it in black-market. It is not definitely alleged as to what could be the price of different commodities which were found in the godown on stock verification and what could be the ultimate loss to the corporation or which could be ultimate misappropriated amount as regards the present petitioner. It was contended by Sri Rana Pratap Singh, the learned senior counsel appearing for the petitioner, that it is all conjecture and imagination to allege that the petitioner or the other godown Managar Prabhunath Singh could have defalcated a sum of Rs.32,40,600/-. It was contended that fitness of things required that the weight of the commodities ought to have been obtained or at least a sample weight of commodities godown-wise could have been indicated. The registers have been alleged not maintained, but the same FIR indicates that - 3 - those were duly produced before the Inspecting team. It was contended further that the petitioner has remained in custody for last ten months. It was further contended that the District Manager namely, Mahesh Prasad, has been admitted to bail by Annexure-2. The learned counsel appearing for the Vigilance Department has produced before me an order of Bench of this Court dismissing the prayer for bail of petitioner Prabhunath Singh who was holding charge of single godown of Baniyapur. It was contended that the total defalcation on account of the variance in the stock position as appearing in the documents and really found on physical verification could be so huge as to indicating the total misappropriated amount by the two Assistant Godown Managers. It was contended that the District Manager was granted bail only in the light of the argument and the fact that it were the petitioner and the co-accused Prabhunath Singh who were really Incharge of the affairs of the godowns under their charge. The allegation appears duly made on proper verification of the stock position, may be that - 4 - there could be some anomaly in it on account of counting of bags and not weighing them even on a sample basis, but the fact remains that the difference in the physical state of the godown and that appearing in the documents were very big, considering which, I am not inclined to grant bail to the above named petitioner. Petition is dismissed. B.Kr. ( Dharnidhar Jha, J. )