IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39855 of 2011 Sunil Kumar, son of Late Singheshwar Prasad Sahu, resident of village-Mai, P.S.-Muffasil, District-Munger. Versus The State of Bihar ----------------- 2 1.12.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner has been made accused in a case under sections 409 and 420 of the Indian Penal Code. Prior to the present application, the petitioner had filed a writ petition being C.W.J.C. No.13551 of 2011 for quashing the order issued by the concerned authority directing him to refund value of undistributed rice under Sampurna Gramin Rojgar Yojna in between 2002 to 2006. The petitioner is a licensee under the 1984 Unification Order as well as under the Public Distribution System (Control) Order, 2001. The said writ petition was disposed of on 29.8.2011 in terms of order dated 6.7.2011 passed in C.W.J.C. No.711 of 2011 and C.W.J.C. No.757 of 2011 with the condition that the petitioner would deposit 20% of the value of undistributed rice at a price of Rs.10 per kg. or the rice itself if already not deposited within two months. On 12.8.2011 even prior to the order passed in the aforesaid writ petition, the present first information report was filed against the petitioner as he had not distributed food grain (rice) worth Rs.36,41,953.00 under SGRY and NFFWP scheme. The petitioner had prayed for grant of bail before learned Sessions Judge, Munger, who directed the petitioner to be released on bail on 2 furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each with the condition that the petitioner shall deposit loss as per order passed in C.W.J.C. No.13551 of 2011. It is against that order the petitioner has filed the present application before this court under sections 439 and 440 of the Code of Criminal Procedure. In that view of the matter, the petitioner wants modification in the order granting bail by the learned Sessions Judge by the present petition. In my view, once a Sessions Court has granted bail to the petitioner with certain conditions, the application under section 439 and 440 would not be maintainable before this court in order to modify the conditions imposed by the learned Sessions Judge. At this stage, learned counsel for the petitioner seeks permission to withdraw the present application in order to seek his remedy otherwise available to him under the other provisions of the Code of Criminal Procedure. This application is, thus, permitted to be withdrawn with liberty aforesaid. Sanjeet/Md.S. (Ashwani Kumar Singh, J.)