IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24977 of 2008 RAJ KUMAR MAHTO Versus STATE OF BIHAR THRO.VIGI. ----------- 4. 9.9.2008 Heard. The petitioner, the Assistant Godown Manager of the Bihar Food and Civil Supply Corporation Ltd., Bihar, undisputedly was ordained to have the locks and keys of the godown in his custody and was further ordained to keep the balance in parity with the physical state of things and the papers or documents relating to transactions of the Corporation in respect of that particular godown. A physical verification was held about the stock position of the grains, cereals and commodities like wheat, rice and sugar on 29/30/1/2008. The godown was having in its warehouse wheat, rice and sugar, which were meant to be distributed amongst beneficiaries of B.P.L, Annapurna, Antyoday, Jawahar Rojgar Guaratee Zojna, Mid Day Meals and other schemes. The total stock position was found as regards wheat deficient by 2448 quintals, as regards rice 521 quintals and as regards sugar 57.47 quintals. The godown was running in a rented house and was belonged to one Bibhision Kumar, who had applied for constructing the godown and was granted permission to do it. But the during the course of enquiry so as to carrying stock checking position it was found that many loopholes were left in the godown building so as to justifying pilferages and misappropriation. - 2 - Learned senior counsel appearing for the petitioner draws attention of this Court towards Annexure-2 to the supplementary affidavit and specially to paragraph-10 of the document appearing at running page-14 in which the mention has been made that as regards the complicity of the petitioner no sufficient material could be seen. I do not want to express any opinion on that part of the investigation report for may reasons and specially for that, that could prejudice the trial court in recording finding of the fact in the case. But undisputedly the petitioner was the custodian of the keys and locks of the godown, he was the custodian of the grains, he was the custodian of records. It could have been very easy for him to take transactions at any level. The petitioner could not in any view be allowed to submit that he had no knowledge of anything. Regard being had to the seriousness of the offence specially to the fact that the grains were meant for financing the schemes which were trageted to cover the exploited lot of the society, I am not inclined to direct release of the petitioner from custody. The petition is dismissed. sudip ( Dharnidhar Jha,J )