IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23532 of 2009 MANSUR ALAM Versus THE STATE OF BIHAR ----------- 2 31.07.2009 Heard both sides. Sole petitioner seeks bail in a case instituted under Sections 407, 409, 379, 411/34 of the Penal Code. It appears from the record that petitioner along with two other co-accuseds were found disposing of the rice (poshahar) at a shop which were meant for distribution amongst the school children under Govt. scheme. Seeing the police they escaped. Rice (Poshahar) were seized. On the application of some of the beneficiaries before the B.D.O., an enquiry was initiated. Petitioner during the relevant time was discharging his duties as member of the Siksha Samiti. The petitioner along with headmaster of the school and cook were made accuseds in the F.I.R. It appears the F.I.R. was lodged on 01.10.2005 which was preceded by an enquiry conducted by the authorities of the Education Department. Petitioner has recently surrendered on 01.06.2009. It is contended that the enquiry report does not implicate him, and as such, he was not aware of filing of the F.I.R. Learned counsel for the petitioner further draws attention of the court to the documents placed at annexure-2. This is an affidavit which has been brought into existence on 05.06.2009 2 allegedly affirmed by a person in whose shop, as per allegation, the rice ( Poshahar) were being sold by the petitioner and others. Having regard to the materials available on record and keeping in view the fact that the petitioner evaded arrest for a pretty long time, this court is not inclined to grant the privilege of bail to the petitioner. Prayer for bail is, accordingly, rejected. Learned counsel for the petitioner submits that two other accuseds of the present case have not even been charge- sheeted that casts a doubt on the prosecution case. Considering the said submission, this court grants him liberty to renew prayer for bail after six months, if, in the meanwhile, the trial of the case is not taken up. Sym/ (Kishore K. Mandal, J.)