IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1736 of 2008 BRAJ KISHORE PRASAD SINHA Versus THE STATE OF BIHAR ----------- 4. 24.07.2008 Heard the counsel for the petitioner and the state. The petitioner is Deputy Manager of State Food Corporation Godown, Piparpainti Block. As per the allegation in the F.I.R., the informant on the date of occurrence found that 823 quintals of rice released in favour of Shambhu Nath Mandal, dealer of Public Distribution System was again taken from Bhagalpur to Pirpainti Godown by the said truck. Allegation is that with intention to black marketing, it was not delivered to the dealer. Counsel for the petitioner submits that no offence is made out against the petitioner either u/S 420 of the IPC or section 7 of Essential Commodities Act. Admittedly, the rice was released in favour of dealer Shambhu Nath Mandal. If something happened thereafter, the petitioner cannot be responsible. So far the release of rice in favour of Shambhu Nath Mandal is concerned, he has admitted it. Considering the fact, prayer for grant of anticipatory bail on behalf of petitioner, Braj Kishore Prasad Sinha is allowed. In the event of his arrest or surrender within flour weeks from today in the court below, he will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) to - 2 - the satisfaction of CJM, Bhagalpur in connection with Pirpainti P.S. Case No. 136/07, G.R. No. 1831/07 subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code. A.K.V ( Mridula Mishra, J.)