IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25103 of 2011 1.Bimlesh Kumar Sharma son of late Narayan Sharma, resident of village-Alhan Prasi, P.S.-Goh, District- Aurangabad 2.Bhuneshwar Yadav S/o Late Mahesh Yadav, Resident of village-Dharhara, P.S.-Rafiganj, District-Aurangabad Versus The State Of Bihar ----------- 2. 29.7.2011. Heard learned counsel for petitioners and learned counsel for the State. It is submitted on behalf of petitioners that save and except hypothetical presumption regarding rice in question that the same was likely to be sold in black market, there is nothing to suggest that as a matter of fact the petitioners indulged in black marketing. He further submits that petitioner no.1 was an agent entrusted with the work to carry mid day meal rice from block for distribution of same to different schools. The witnesses in course of investigation have categorically stated that the food grains were kept in the house of Bhuneshwar Yadav as the vehicle carrying the rice met with mechanical fault. The case has been registered with an oblique motive. Taking into consideration the aforesaid submissions, let the petitioners, namely, Bimlesh Kumar Sharma and Bhuneshwar Yadav in the event of their arrest or surrender before the court below within a period of four weeks from the date of communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Aurangabad in connection with Rafiganj 2 P.S.Case No.23 of 2011, G.R. No.239 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)