IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33138 of 2010 AJAY KUMAR SINGH SON OF HARBANSH NARAYAN SINGH, RESIDENT OF MOHALLA ASHOK NAGAR, P.S. KANKARBAGH, DISTRICT- PATNA-20 AT PRESENT ASSISTANT MANAGER, BIHAR STATE FOOD AND CIV IL SUPPLIES CORPORATION, POSTED AT PARSA ( SARAN ) …………………….PETITIONER Versus THE STATE OF BIHAR……………………………. OPP. PARTY -------- 2 09-09-2010 Heard learned counsel for the petitioner and learned counsel for the State. By annexure-1, an order dated 21-10-2008 this Hon’ble Court rejected petitioner’s prayer for anticipatory bail after taking note of his submission that he has already deposited the amount due on account of shortage found in the concerned godown of Bihar State Food and Civil Supplies Corporation where the petitioner was posted as Assistant Godown Manager at the time of inspection by the higher officials. Almost after two years the petitioner has attempted to renew his prayer on the ground of certain notes and decision by the higher authorities who have taken a lenient view of the matter of shortage being less and have reinstated in service. Prima facie, the subsequent decision of the authorities appeared to be in favour of the petitioner but on a 2 close scrutiny of the F.I.R. it is found that petitioner’s action in disappearing from the godown in the midst of inspection along with relevant documents, such as stock register and sale register, was a serious act of public officials. Eeven if those registers were subsequently shown to support hardly any shortage in the godown, the authenticity of the registers is highly doubtful as they were removed at the relevant time and were produced subsequently. The physical verification alone cannot show shortage unless the relevant registers are taken into account for finding out what should have been actually in the stock. Be that as it may, considering the earlier order of this court, I am not persuaded to grant anticipatory bail to the petitioner, the prayer is rejected. If the petitioner surrenders in the court below within six weeks and prays for regular bail then his prayer for regular bail should be considered on its own merit without being prejudiced by this order. Naresh ( Shiva Kirti Singh, J.)