IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39869 of 2008 CHANDESHWARI PRASAD SON OF JEETAN PRASAD, RESIDENT OF VILLAGE- FARKA, P.S. FATEHPUR, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 2 17.10.2008 Heard learned counsels for the petitioner and the State. Petitioner is an accused for the offence under sections 467, 468, 471, 419, 420, 406 & 409/34 of the Indian Penal Code. Petitioner is the public distribution system dealer who was allotted certain quantity of rice for distribution to the labourer under the scheme ‘food for work’ programme. The allegation against the petitioner is that he did not distribute the full quantity of rice under the said scheme and misappropriated the rest of rice which were not distributed. It is submitted on behalf of the petitioner that he distributed the rice as per the permit issued to him and for rest of rice since no permit was issued the same was not distributed and subsequently on account of lapse of time it got destroyed. Notwithstanding the above, it is submitted that as stated in paragraph 9 of the petition to the effect that the requisite amount against the balance of undistributed rice at the rate of rupees six hundred - 2 - twenty two per quintals have been deposited back in the account of the Collector. It is further contended that even during trial if it is found that further amount is required to be deposited by the petitioner, he is ready to deposit the same. It is also contended that in similar circumstances some other dealers have been allowed anticipatory bail as per the order dated 01.10.2008 passed in Cr. Misc. No. 29825 of 2008. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of six weeks from today, the petitioner, namely, Chandeshwari Prasad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya, in connection with Fatehpur P.S.Case No. 41 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)