Bharat Purvey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5438 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Bharat Purvey, son of Sri Shambhoo Purvey .... .... Petitioner/s

Versus

1. The State of Bihar

2. Gulab Hussain, Son of Late Md. Khalil, District Manager, B.S.F.C, Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nilesh Kumar For the Opposite Party/s : Mr. Uday Pratap Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being rice mill owner lifted paddy under an agreement but did not supply the rice in the quantity as agreed by him and accordingly, it is alleged that he misappropriated huge government money.

Petitioner is in jail custody since 20.09.2015 for the aforesaid act and submission on behalf of the petitioner is that even if the prosecution story assumed to be true, then also, it is a case of breach of contract for which civil remedy is available to prosecution.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on

Patna High Court Cr.Misc. No.5438 of 2016 (2) dt.15-02-2016 2/2 bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 160 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T