IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37616 of 2008 AWADH KISHORE KESHARI Versus THE STATE OF BIHAR THROUGH DIRECTOR, VIGILENCE. ----------- Cr.Misc. No.39590 of 2008 1. RAMDAHIN SINGH. 2. NARWADESHWAR SINGH. 3. RAMBADAN SINGH. Versus THE STATE OF BIHAR THROUGH DIRECTOR, VIGILENCE. ----------- Cr.Misc. No.39938 of 2008 BANDANA SINHA @ SINGH Versus THE STATE OF BIHAR THROUGH DIRECTOR, VIGILENCE. ----------- 2/ 20/10/2008. Heard learned counsel for the petitioners and learned counsel for the State as also for the Vigilance in all the three applications. The petitioners are stated to be the Public Distribution System dealers. The allegations are of deposits by them for upliftment of stocks, interpolation in the amount of deposit and subsequent upliftment of grains in excess of the original deposit made. They are alleged to have acted in connivance with officials of the State Authorities. The amount involved is Rs.31,87,617/- This was discovered in pursuance of an audit objection as continuing for some time earlier. The common submission on their behalf is that they have since deposited the differential amount as the value for the - 2 - food-grains initially deposited by them and the alleged interpolation leading to excess disbursement of food- grains. Counsel for the Vigilance, opposing the applications, submits that the application for regular bail of the State Officials has been rejected. The State Officials stood in the position of a trustee with regard to the grains of a Government Scheme and disbursement under the same. They betrayed the trust. The petitioners are alleged to have acted in tandem and intentionally denying their complicity are stated to have deposited the amount attributed against each of them. Their application for anticipatory bail is rejected. In any application for regular bail, the court below shall adequately consider the fact of deposits having been made by the petitioners, the State’s interest now having been protected while considering their prayer for regular bail, without being prejudiced by the present order. KC ( Navin Sinha, J )