IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16931 of 2011 Uday Bhushan, Son of Sri Mohan Rajak, resident of Mohallah Ram Nagri, Magistrate Colony, Sector – 5, P.O. Ashiyana Nagar, P.S. Rajeev Nagar, District Patna, (Bihar). -------Petitioner Versus The State Of Bihar -----Opposite Party ---------------- 04/- 23.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Sections 420, 406, 409, 120(B) of the Indian Penal Code, is solitary named accused in this case being In-Charge of Food Corporation of Indian (F.C.I.) godown with allegation that due to his careless attitude, there is loss of grains in huge quantity and on physical verification in huge quantity stock of wheat was found short. Submission is that since after joining finding difficulty in proper maintenance and keeping and the petitioner has from time to time informed the authorities and sought for its proper assistance, which was not provided causing such loss. From the First Information Report, itself, it appears that from certain period, no physical verification by the concerned authorities could be done. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph nos. 25 dated 14.03.2011, except vehemently, submitted that it was the responsibility of the petitioner to maintain was unable to point out anything more. The investigation is still going on. Considering the facts and circumstances of the case, till conclusion of the investigation/submission of the charge-sheet, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, in connection with Bihian P.S. Case No. 04 of 2011, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till conclusion of the investigation/submission of the charge-sheet and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)