IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12591 of 2010 UPENDRA KUMAR SINGH,son of Sri Rameshwar Singh, resident of Jamunia,P.S.-Pipra, District-East Champaran at Motihari. .. ……….. ..Petitioner Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioner :Dr.Amrendra Kumar,Advocate For the State :Mr.Parmanand Pd.,Addl.P.P. ----------- 02/ 11-05-2010 Heard the parties. In a criminal prosecution for the offences under Sections 409/418/420 of the Indian Penal Code, petitioner is said to had been posted at Procurement Centre, Sugauli for procurement of wheat and paddy on behalf of BISCOMAUN. Some guidelines were issued for the purpose of procurement of paddy and wheat. According to FIR vide Annexure-1, petitioner is alleged to have violated the guidelines/rules issued by the BISCOMAUN for the purpose of such procurement. The farmers were not paid by account payee cheque as per the guidelines, but were allegedly paid in cash and some of the farmers were paid by the petitioner through some middle men. It is submitted by the learned counsel for petitioner that in the whole FIR there is no allegation of any criminal breach of trust against the petitioner and further there is no allegation of criminal misappropriation of some Government fund. Only allegation against the petitioner is that he has violated the guidelines/rules issued by the competent authority and for that he can be subjected to departmental proceeding, but cannot be made liable for any criminal offence. Be that as it may, in the facts and circumstances of the 2 case, in the event of arrest/surrender within a period of four weeks from today in Sugauli P.S.Case No.54 of 2009, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure, and subject to the further conditions that : (a) one of the bailors must be a Government servant or close family members of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner and (b) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below shall be at liberty to cancel the bail bonds of the petitioner. AH/ ( Birendra Prasad Verma, J.)