IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34646 of 2008 HARI CHARAN MISHRA SON OF TRIGUN CHARAN MISHRA, RESIDENT OF JAN BANDH BAIJ NATH DHAM, P.S.-AND DISTRICT-DEOGHAR, JHARKHAND------- PETITIONER. Versus THE STATE OF BIHAR------------------OPPOSITE PARTY WITH Cr.Misc. No.36243 of 2008 DINESH PRASAD SINGH SON OF LATE SITA RAM SINGH, RESIDENT OF VILLAGE- DARIHAT, POLICE STATION-DARIHAT, DISTRICT-ROHTAS-------PETITIONER. Versus THE STATE OF BIHAR-----------------OPPOSITE PARTY. For the Petitioners : M/S Surendra Kr. Singh, Smt. Sudha Singh, S.Hafeez Ahmad, Sakil Ahmad Khan(Sr. Adv), Advocates. For the Vigilance : Mr. C.M.Chaurasia(Special P.P.), Advocate. ----------- 05. 20.10.2008. Heard learned counsel for the petitioner and the learned Special P.P. for the Vigilance Bureau. Petitioners are accused in Vigilance P.S.Case No. 39 of 2008 for the offence under Section 420 and other allied Sections of the Penal Code and Sections 7/8/13(2) read with Section 13(1) (d) of the Prevention of Corruption Act registered in connection with P.D.S. scam within the District of Gaya, Jehanabad and Arwal. They are the Block Supply Officer and the Deputy Godown Manager of the State Food Corporation and named in the First Information Report. It is alleged in the prosecution report that the petitioner Block Supply Officer along with other Block Supply Officers having received the demand drafts from the different P.D.S. dealer(s) forwarded the same to the office of the District Manager of the State Food Corporation for issue of the store issue orders but while forwarding the draft, the value of the draft was inflated in the forwarding letter. From the order of the Special Judge it appears that petitioner Hari Charan Mishra asserted - 2 - before him that he had forwarded two drafts amount whereof was not inflated. Counsel for the Bureau, however, opposed the submission on the basis of the confessional statement of the Block Supply Officer as recorded in Paragraph-18 of the Enquiry Report dated 3.7.2008. From the order of the court below itself it is evident that the petitioner, Hari Charan Mishra is not found to have inflated the amount of the bank draft received by him. In the circumstances, he is directed to be released on bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Special Judge(Vig.) I, Patna in connection with Special Case No. 27 of 2008 arising out of Vigilance P.S.Case No. 39 of 2008. Petitioner, Dinesh Prasad Singh is the Deputy Godown Manager who was instructed under office order bearing Memo No. 1399 dated 12.7.2007, Annexure-2 to also sign store issue order on two days in a week besides his assigned duties and in compliance of the said instruction he signed the store issue order two days in a week on the basis of the entries made in the bank draft register which was filled up by the Accountant, Rajdeo Singh and counter signed by the District Manager, Ashok Kumar Singh whose prayer for bail in the instant case was rejected by this Court under orders dated 1.10.2008 passed in Cr.Misc. Nos. 36706 of 2008 and 36896 of 2008. It is submitted that as per instruction he having compared the value of the store issue order with that of the amount of the bank draft as noted in the bank draft register duly counter signed by the - 3 - District Manager he signed the store issue orders on two dates in compliance of the order dated 12.7.2007, Annexure-2 and cannot be held responsible as the entries in the store issue order matched the amount of the bank draft as noted in the register. It is also pointed out that petitioner Dinesh Prasad Singh is in jail custody since 3.7.2008 and is due to retire from service in April 2009. In appreciation of such fact, petitioner, Dinesh Prasad Singh is also directed to be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Special Judge, Vigilance-I, Patna in connection with Vigilance P.S.Case No. 39 of 2008. Rajesh/ (V.N.Sinha, J)