IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16518 of 2009 MUKESH KUMAR MUKUL Versus THE STATE OF BIHAR ----------- 04 20.08.2009 Heard both sides. Petitioner seeks bail in a case instituted under Section 406 of the Indian Penal Code and 7 E.C. Act. Allegation as per F.I.R. is that during the period 2003-05 a total 3084.95 quintals of rice were allotted to the name of accused i.e. P.D.S. Dealer. He lifted 2987.95 quintals of rice. The records indicate that he distributed 1796.00 quintals of rice. Therefore, a total of 1191.95 quintals of rice left with him. On search the same was not found in the store. So far as the present petitioner is concerned, the allegation is that during the part of the relevant year he was posted as B.D.O. and thus connived with the dealer. Leaned counsel submits that the petitioner being B.D.O. had repeatedly directed the dealer to produce the documents/ registers for verification of the accounts. One of such instruction/ direction/notice was issued to the said accused on 20.4.2005 (Annexure-3). 2 Learned counsel by filing S.A. stated that a departmental proceeding has already been initiated against him and pending enquiry, he has been suspended. It is contended that he is in custody since 28.3.2009. Having regard to all these aspects of the matter, this Court is persuaded to admit him on bail. In the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Begusarai in connection with Garhpura P.S. Case No. 8 of 2006. P.K. (K.K. Mandal, J.)