IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23056 of 2010 1. RAM LAKHAN PRASAD 2. RAJESH KUMAR -------------------- PETITIONERS Versus STATE OF BIHAR ----------- 2 28.7.2010 Heard learned counsel for the parties. 94 quintals of rice in 213 FCI bags were recovered either from pick up Van or the house where the same were being unloaded. Thereafter shop of petitioner no.1 was searched which was opened by his brother, no stock was available while 4.62 quintals of wheat and 6.93 quintals of rice were lifted by him on the same day whereas from shop of petitioner no.2, 7 quintals of wheat and 3 quintals of rice were recovered while 4.45 quintals of wheat and 6 quintals of rice were lifted by him. Explanation is that lifted rice or wheat did not reach their shops and there was no connection in between recovered rice from pick up Van or the house as it was 95 quintals and rice only. Thus, having regard to the facts and circumstances of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above 2 named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Wazirganj P.S. Case No. 92/10, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)