IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50352 of 2008 SMT.SABITA GUPTA Wife of Sri Binod Kumar, Resident of Station Road P. S. Gaya Kotwali, District- Gaya, at present Senior Assistant Godown Manager, Bihar State Food and Civil Supplies Corporation, Gaya. --------------- Petitioner Versus THE STATE OF BIHAR THROUGH THE DEPARTMENT OF VIGILANCE, GOVERNMENT OF BIHAR, PATNA --------------- Opposite Party ----------- 3. 28.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the Vigilance Department. The petitioner is Senior Store Issue Officer of the District Block Supply Office. The allegation relates to distribution of stock by a PDS dealers, interpolation in the amount of deposit and subsequently lifting for grant in excess of the original deposit made. The entire amount involved is Rs. 31,87,617/-. The procedure adopted was the bank draft was prepared and thereafter the amount was entered in the register which was more than the actual draft prepared and supplies were accordingly made in accordance with entry in the register. In this manner 210 stock issue orders were issued and supply of excess food grains were made to the PDS dealers. Learned counsel for the petitioner submits that this petitioner was incharge of Imamganj block and out of the 210 she was only responsible for issuance of two store issue orders. It is also submitted that out of the defalcated amount, the PDS dealers have deposited Rs.27 lakhs. - 2 - Learned counsel on behalf of the Vigilance submits that the Officers of the State Food Corporation of Bihar have connivanced with the PDS dealers to defalcate the huge amount of money. It is further submitted that several bail applications have been rejected. Bail application rejected is of the District Manager, Ashok Kumar Singh as well as some of the PDS dealers including the incharge of the district. Learned counsel for the petitioner on the other hand refers to two orders by which bails have been granted to the PDS dealers and also to the Assistant Account Officer of the Bihar State Food Corporation. Considering the aforesaid facts, the petitioner namely Smt. Sabita Gupta, who is the lady is directed to be released on bail in the event of her arrest/surrender before the Court below within six weeks in connection with Special Case No. 27 of 2008 arising out of Vigilance P.S. Case No. 39 of 2008 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Special Vigilance Judge, South Bihar, District- Patna, subject to the conditions laid down under Section 438(2) of Cr.P.C. P. Kumar (Sheema Ali Khan, J.)