IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33667 of 2008 DINESH KUMAR SINHA Versus STATE OF BIHAR ----------- 2. 18.9.2008 A supplementary affidavit has been filed on behalf of the petitioner. Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Mithanpura P.S. Case No.49/08 for the alleged offences registered under sections 409 and 420 of the Indian Penal Code. The allegation against the petitioner is to the effect that while he was working as Incharge Assistant General Manager in the godown of the Bihar State Food and Civil Supplies Corporation, Muzaffarpur, physical verification of the stock was made on 14.6.2007 and it was found that there was a shortage of foodgrains. It is submitted on behalf of the petitioner that in the First Information Report itself the stock available in the godown as per the stock register dt. 22.3.2007 is mentioned. Further there was a shortage on 14.6.2007. In 2 this connection, learned counsel submits that the petitioner was in custody in connection with some other case on 22nd of March, 2007 and he came out of the jail on 24th of January, 2008. As such the shortage was much prior to the period the petitioner was not in the office and the godown was in the charge of some other person. In the above circumstances, learned counsel submits that for the alleged shortage, the petitioner cannot be held responsible. Considering the above, let the petitioner Dinesh Kumar Sinha, in the event of his arrest or surrender in connection with Mithanpura P.S. Case No.49/08, within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)