IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33479 of 2010 DILIP KUMAR, SON OF LATE MUKHILAL YADAV, ASSISTANT, B.S.F.C. GODOWN, KHARAGPUR, P.S.- KHARAGPUR, DISTRICT-MUNGER, RESIDENT OF VILLAGE-KEDLI, P.S.-NAUHATA, DISTRICT-SAHARSA. …..PETITIONER. VERSUS THE STATE OF BIHAR …….OPPOSITE PARTY. WITH CR.MISC. NO.33481 OF 2010 DINESH KUMAR SINGH, SON OF YOGENDRA NARAYAN SINGH, 4TH GRADE EMPLOYEE, B.S.F.C. GODOWN, KHARAGPUR, P.S.-KHARAGPUR, DISTRICT- MUNGER. ………PETITIONER. VERSUS THE STATE OF BIHAR …….OPPOSITE PARTY. ----------- For the petitioner : Mr. N.K. Agrawal, Sr. Advocate D.N. Tiwari, Advocate For the State : A.P.P. 3 21.12.2010 The petitioners seek bail in anticipation of arrest in relation to Kotwali P.S. Case No.293 of 2009 instituted under Section 409, 420, 406 and other sections of I.P.C. read with Section 7 of the Essential Commodities Act. They are employees of the Bihar State Food and Civil Supplies Corporation. They are fourth grade employee and an assistant. In substance the major allegation in the F.I.R. is that after interpolating the date in the store issue order (S.I.O.) the petitioners have made deliveries clandestinely leading to sale of food grains in the black marketing which are meant to be distributed through Public 2 Distribution System. On behalf of petitioner Sri N.K. Agrawal, learned senior counsel, submits that it is not in dispute that S.I.O. were duly issued. There is no allegation that in the activities mentioned therein there is interpolation or in respect of name of parties. Petitioner being an assistant and the fourth grade employee cannot indulge in such activities of their own. They are being made escape goat. Be that as it may upon surrender within four weeks from today before the court below the petitioners shall be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No.293 of 2009, subject to the conditions that petitioner would fully co-operate with the investigating officer of the case and in the case of non-co-operation the investigating officer at a liberty to move the trial court for cancellation of their bail and subject to condition as laid down in Section 438(2) of the Cr.P.C. PN ( Navaniti Prasad Singh, J.)